There are several circumstances under which a will can be challenged in Florida, but you should first know that a other than in a guardianship, a will can be challenged only after the testator/testatrix has died. Since it can be very difficult to challenge a will, you should seek the guidance of Florida Bar Board Certified wills, trusts and estates expert Matthew A. Linde to assist you.
Before the testator/testatrix has died, any facts regarding the document can be preserved for future litigation. Once the individual dies, the designated personal representative will be responsible for issuing a notice of administration. Once you receive that, you will have three months to challenge the will.
Grounds under Which a Will Can Be Challenged in Florida
Undue influence (my favorite if you have the right facts).
If a will wasn't properly signed, drafted, or witnessed, it can be contested. For example, if a so-called witness was in another room at time of the signing of the will, the will could be declared invalid. It's imperative that the witness be in direct presence of the testator.
A will can also be tossed out if forgery can be proven or if there's solid evidence that someone tampered with it. Additionally, when a will is made, the testator must be of sound mind. If not, a will can be voided.
However, to prove lack of capacity, there must be evidence of psychosis, dementia, delirium which is normally defined to me that the testator/testatrix did not understand, in a general way, the nature of the assets in his or her possession, the natural objects of his or her bounty, and the consequences of the instrument he or she is signing.
Florida Bar Board Certified wills, trusts and estates expert Matthew A. Linde understands first hand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 844-357-0572.