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A will and trust are important legal documents that detail how an individual’s estate should be divided once they pass away. If a person wants to contest the contents of a will or trust, however, it’s important to understand the legal grounds for doing so. At Klein & Fortune, P.A., we offer estate litigation services in Broward County, Florida and have put together this guide to help you understand when you can contest a will or trust.
In Florida, there are several legal grounds on which someone can contest the contents of a will. These include:
• Lack of Mental Capacity – To create a valid will, the testator (the individual who created the will) must have been mentally competent at the time of creation. If a person believes that the testator was not mentally capable at the time of creation, due to senility or dementia for example, then they may be able to contest it on those grounds.
• Undue Influence – If a third party had too much influence over the testator at the time of creation and unduly influenced them into making certain decisions about their estate then this could provide grounds for contesting the contents of the will.
• Fraud or Forgery – If any part of the will has been forged or if any fraudulent activities occurred during its creation then this could provide grounds for contesting its contents.
• Incorrect Execution – For a valid will in Florida, it needs to be signed by two witnesses in addition to being signed by both parties involved in creating it. In addition, all parties involved must sign before witnesses and acknowledge that they are signing their own free act and deed (without coercion). If any part of this process is incorrect then it could provide grounds for contesting its validity.
In general terms, many of these same rules apply when someone wants to contest a trust as well as when they want to contest a will. The main difference is that with trusts specifically there are also additional rules regarding capacity and undue influence which need to be considered before taking steps towards challenging one. As such, it’s important that anyone considering challenging either document consults with an experienced lawyer first so they can ensure their case is legally sound from start to finish.
Understanding when you can legally challenge either an existing will or trust can be complicated without professional guidance from an experienced lawyer like those at Klein & Fortune, P.A.. Our team provides comprehensive estate litigation services throughout Broward County, Florida and can help you determine whether your case meets all necessary criteria under local law before proceeding further with your claim. Contact us today if you wish to discuss your situation further with our expert team here at Klein & Fortune P.A.. We look forward to hearing from you soon!
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