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Becoming involved in a will contest

| Dec 30, 2020 | Uncategorized |

You could become involved in a will contest in Florida if you decide to challenge the validity of a relative’s last will and testament. However, you could also find yourself involved in the probate litigation simply because you are a close relative or you are named in the will.

Interested parties

When someone challenges a will, it is necessary to identify the interested parties because all of these people need to be notified and offered the opportunity to participate in the litigation as well. The relevant Florida statute describes an “interested person” as someone who you could reasonably expect to be affected by the legal proceedings. Of course, if your sibling, parent or someone else in your family decides to contest the will and you agree with their reasons, you might want to get involved with the litigation.

Reasons to contest a will

In general, a will can be contested for four reasons. It may be prepared improperly. The person preparing it might not have had “testamentary capacity,” meaning that they did not understand the implications sufficiently. The person may have been unduly influenced. This could be the case if loved ones feel that a caregiver or another family member was taking advantage of the individual and forced them to change the will. Finally, a will can be contested on the grounds that it is fraudulent.

If you have reason to challenge a will or you are considering participating in a will contest brought by someone else, you might want to consult an attorney. Probate litigation can be a costly and complex process, and it is important to understand what you can expect. However, if you believe that your loved one was the victim of undue influence or faced other issues in the preparation of the will, it may be worthwhile to pursue the contest.