
When your loved one was still alive and in good health, they may have expressed certain wishes on how they would like their estate to be handled at the time of their unfortunate passing. But when this day finally comes, and there is a reading of their Last Will and Testament, the plans may be nothing like what they once communicated with you. For this reason alone, you may have an inkling of doubt that your loved one was not of sound mind or was pressured by an external party when they signed off on their estate planning documents. In this case, you may consider contesting it with the Florida probate court. Continue reading to learn what evidence you need to contest a will and how an experienced Broward County wills lawyer at The Probate Lawyers can help you attain justice on behalf of your dearly departed loved one.
What evidence do I need to contest a will due to mental incapacity?
Under estate law, mental incapacity means that a testator is unable to fully understand the gravity of certain estate planning documents, and thereby the consequences of asserting certain decisions within these documents. Concrete examples of your loved one having a mental incapacity are if they were diagnosed with dementia, a severe learning disability, a mental health illness, a substance abuse issue, or if they experienced a serious stroke. Nonetheless, you may prove your loved one’s mental incapacity when contesting their will in the following ways:
- You may provide the Florida probate court with their medical records disclosing the official diagnosis of their mental condition.
- You may provide the court with oral and written testimonies from other intended beneficiaries who spotted signs of their impaired mental capabilities.
- You may provide the court with oral and written testimonies from a medical expert who evaluates their medical history and confirms their impaired mental capabilities.
What evidence do I need to contest a will due to undue influence?
Another common ground for contesting a will is undue influence. By definition, undue influence means that someone close to the testator uses excessive persuasion to convince them to make an estate planning decision that does not represent their true wishes. For example, if someone pressures the testator into assigning them a large portion of their estate within the terms and conditions of their will. If you believe this is something that your loved one sadly experienced, you may demonstrate your argument to the court in the following ways:
- You may provide the Florida probate court with their financial records marking unusual transfers.
- You may provide the court with a copy of the previous will they nullified compared to the final will they ultimately signed off on.
- You may provide the court with oral and written testimonies from other intended beneficiaries who noticed their self-isolation after getting closer to the influencer.
We hope that this blog offers the insight you were searching for. For more information, we encourage you to contact a skilled Broward County estate lawyer from The Probate Lawyers today.