Contesting a Will - What Is Involved?

Are you thinking about contesting a will?  When an individual dies with a will in place that someone else does not agree with the stage is set for a possible contesting of what that will said. If you are preparing your own will, the attorney you are working with will help ensure that your wishes are not contested by ensuring that the details of the will make it legally binding. However, if you are a person who wishes to contest a last will and testament, that is another service that an experienced Florida attorney can help you with.

When a person dies, the will that is in place with the latest date on it is considered their last will. This will is filed with the probate court. A will may challenged when the person who made it was incompetent or under undue influence.

Steps to Contesting a Will

In order for you to prevail, you will need to show, in some way, that the will is invalid. This is difficult to prove and therefore it is quite important for you to get a copy of the will and contact a Florida attorney with experience in wills to help make a determination about if there are any grounds for contesting a will and what are the chances for success are.  Some of the reasons you could use to do this include:

  • Showing that there is a lack of disposing mind and memory, or that the person does not have the capacity to make changes to a will or make decisions as such at the time they signed the will.
  • You can show that the individual was insane at the time of signing the will.
  • You can show that the will owner was under duress when making the changes to the will.
  • It may be possible to show that the last will and testament itself is a fraud.
  • The person was under undue influence.

If you believe that the will was not valid, it is clearly your right to present this information in a court of law. Whether you stand to gain anything by the effort is another matter. A Florida attorney at Olsen Law Group can help you to accomplish contesting a will.

Not sure if you should contest a will?  Not sure you have grounds?  Not sure of your chances if you do?  Then ask a lawyer at Olsen Law Partners, LLP questions at no cost to you about contesting a will.


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