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.
Who Has Legal Standing to Contest a Will in Florida?
It’s imperative to understand that Florida probate law places restrictions on who is eligible to contest a will. As such, only those considered “interested parties,” meaning those who would benefit financially if the will were invalidated, have the legal grounds to challenge a will. This includes heirs, beneficiaries named in prior wills, and those whose property rights would be impacted.
Determining standing in the eyes of the Broward County probate courts requires careful consideration of your inheritance rights under Florida intestacy laws.
Individuals Who May Qualify as Interested Parties
- Beneficiaries named in a prior, valid will
- Those set to inherit assets in accordance with the Florida Intestate Line of Succession
- Surviving spouses or children are omitted from later versions of the will
- Creditors who have a legally recognized interest in the estate
- Those with property or fiduciary rights violated by probate
What Are the Recognized Grounds for Challenging a Will in Florida?
It’s necessary to understand that the Florida probate court will not invalidate a will simply because the heirs find it unfair. In order for a will to be deemed legally invalid, the court must find that one of the recognized grounds is true. As such, a will may be contested on the following grounds:
- Lack of testamentary capacity
- Undue influence
- Fraud
- Duress
- Improper execution
What Evidence Do I Need to Prove Lack of Testamentary Capacity?
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.
In general, when creating a will in Florida, the testator must understand:
- The nature of establishing a will
- The property owned in their name
- The natural objects of their bounty (heirs and family members)
Medical and Clinical Evidence
- Medical records disclosing the official diagnosis of their mental condition
- Physicians’ notes from the weeks leading up to their passing
- Hospital discharge summaries noting disorientation or confusion
- Medication records that show the drug may have impacted cognition
Witness Testimony Evidence
- Statements from individuals present at the time of the will’s signing
- Testimony from the drafting attorney regarding their mental capacity
- Observations of erration or rash financial decisions made near the date the will was signed
What Evidence Do I Need to Prove 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. The Florida courts will need to determine whether or not a “confidential relationship” existed, and if the alleged party who influenced the testator benefited significantly.
Common Individuals Who May Exert Undue Influence
- Caregivers with daily control over the testator’s personal and medical needs
- Those involved in choosing the drafting attorney
- Those who have suddenly re-entered the testator’s life
- New romantic partners
- Those with direct access to bank accounts or financial records
Financial and Documentary Evidence
- Bank records showing unusual withdrawals or transfers
- Large inter vivos gifts made to one party shortly before death
- Substantial changes to the will that seemingly favor one party
- Evidence that the individuals isolated the testator from their loved ones
Expert and Forensic Evidence
- Forensic accounting tracing suspicious transactions
- Estate planning notes showing outside pressure
- Medical expert testimony showing cognitive decline and increased vulnerability
- Emails, texts, or letters showing manipulation and influence
Comparing a Prior Will to the Contested Will
One strategy that is often used when contesting a will is to show dramatic and unexplained changes in different versions of the will. The Broward County probate court will view dramatic changes as an indication of potential undue influence or diminished capacity.
Red Flags Courts Look For
- Sudden disinheritance of close family members
- Considerable shift in assets to a new beneficiary
- Removal of long-standing fiduciaries
- Changes made shortly after a new relationship
- Changes made during a hospital stay or in the midst of cognitive decline
What Is the Burden of Proof in a Florida Will Contest?
If you are seeking to challenge a will, it’s important to understand that the burden of proof lies with you. This means you must present substantial and clear evidence that demonstrates how the will has failed to meet statutory requirements in accordance with Florida law. The court will begin with the assumption that the will has been properly executed, and thus it is your responsibility to overcome that presumption with evidence tied to the time at which the document was signed.
What Clear and Substantial Evidence Means
- Evidence must be both credible and legally admissible
- Allegations of undue influence or incapacity are insufficient
- Documentation must relate to the time at which the will was executed
- Evidence must demonstrate a direct connection between the alleged misconduct and the will’s execution
- Timing is critical, as the court will only focus on the testator’s condition at the time of signing
- Evidence created after execution carries less weight
How Long Do You Have to Contest a Will in Florida?
It’s important to understand that Florida law imposes strict deadlines on when a will may be challenged. This is often tied to notice of administration, and missing your deadline can result in a permanent bar on your claim. As such, taking prompt legal action is critical.
Important Considerations
- Formal notice triggers the deadline for contesting the will
- Deadlines may be as short as three months
- Late filing can waive your rights
- Emergency petitions may be approved in special circumstances
Contact an Experienced Florida Probate Attorney Today
When you have lost a loved one, the last thing you may anticipate is challenging their will in the Florida probate court. Unfortunately, these matters do happen, and they may be incredibly overwhelming. Probate litigation in Borward County can move quickly once formal notice has been issued, meaning there is no time to hesitate. That is why working with an experienced attorney with the Probate Lawyers is in your best interest. Our firm can help you explore your legal options so you can fight for the best possible outcome. When you need help, our firm is here. Contact us today to learn more.
