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Blog 
Probate litigation and will contests
- If you live in Florida, who has access to your will if you die?
- State trial court cannot take action against personal representative, guardian or trustee without giving the fiduciary notice and an opportunity to be heard.
- Yes you can prosecute and win an undue influence case without the presumption of undue influence.
- Surviving spouses should not be tricked into paying for their deceased spouses debt
- New weapon to set aside a Florida will during contest
- This will contest demonstrates that it is critically important to have a qualified, experienced attorney prepare an estate plan to avoid endless litigation.
- The court has authority to sanction meritless claims in probate disputes.
- The lawyer made a mistake drafting the will and dad signed it, and now dad has died! (Part 1)
- What does it mean that the person executing the will lacked capacity?
- A Will can be rescinded if testator executed it based on irrational belief
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New weapon to set aside a Florida will during contest
Effective July 1, 2011, now a beneficiary or potential beneficiary can attack a will by claiming that the beneficiary did not intend to say in the will what the beneficiary clearly did say. Florida statute 732.615 states the following:§ 732.615. Reformation to correct mistakes
Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator's intent if it is proved by clear and convincing evidence that both the accomplishment of the testator's intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement. In determining the testator's original intent, the court may consider evidence relevant to the testator's intent even though the evidence contradicts an apparent plain meaning of the will.
Before this statute took effect on July 1, 2011, if the terms of a will were clear, then the will could not be changed if the terms of the will were clear and unambiguous; however, now even if the will is clear, the terms of the will can be changed to reflect the testator or testatrix's intent if that intent can be proved by clear and convincing evidence;
This is a major change in the law; for more information, contact Matthew A. Linde, P.A. today.
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Videos
Video of Matthew A. Linde discussing undue influence case with Lee A. Linde from 1994.FAQs
Probate litigation and will contests
- In a will contest, will challenge, will dispute or lawsuit to set aside a will because the will was procured by undue influence, how do the courts interpret the term "active procurement?"
- Are there any limitations that govern when I can attempt to remove a personal representative?
- Why can't I just tell the judge what happened and get this lawsuit over with?