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 Linde Law Group today.

Matthew A. Linde
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