Wills are typically used to ensure that your property and money is distributed to the people you want to inherit your assets when you pass away.  Wills are also created for many other purposes, including appointing a guardian for your minor children and determining who will serve as the personal representative responsible for managing your estate upon your death.  

Most people decide to prepare a will to plan ahead and make their passing easier for their families and loved ones.  While we always hope that things will go as planned, there are times when serious disagreements over the wishes and intentions of the deceased will arise.  In these situations, the conflict may erupt into a heated battle involving family members, friends and other persons with an interest in the estate of the decedent.  

In Florida, wills can be contested on a number of different bases.  Grounds for contesting a last will and testament include the testator’s failure to properly execute the will, the existence of undue influence, a lack of mental capacity (testator capacity), fraud and duress.  Beneficiaries, potential heirs, and other persons with an interest in the estate of the decedent may file a legal challenge to a will based upon these grounds.  

Will Contests are Contentious and Complex

Contesting a will is not an easy process.  Will contest cases tend to be highly contentious and they can destroy important, long standing relationships among family members and friends.  If you are considering filing suit to challenge a will, you should discuss your situation with an attorney who knows how to litigate significant will contest cases.  Deciding whether you should contest a will can be a very stressful and emotional process.  An attorney experienced in handling complex estate and inheritance related disputes can help alleviate some of the pressures and worries you are dealing with.  Your attorney will carefully review your case, identify all of your options and help you determine the courses of action best suited to meet your needs and interests.  

If you decide to move forward with a will contest case your attorneys will need to gather critical evidence and documents to support your claim.  When a will contest claim is unable to be negotiated and resolved by the parties to the dispute and their legal counsel, the matter will generally need to proceed to court.  If your will contest case is going to court you need to make certain that you are represented by the right legal team.  These cases are very fact specific and should be handled by skilled trial attorneys who know how to best present the evidence in your case.  

Whether you believe that your parent was coerced into changing a will by a dishonest caregiver or advisor, or you think that a family member lied to your parent in order to get a greater share of an inheritance, filing a will contest case is a difficult undertaking.  The process can be confusing and overwhelming, particularly if you are still grieving over the loss of a loved one.  

Your attorney should be sensitive to your needs and work one-on-one with you from your initial consultation through the conclusion of your case.  You should be kept fully informed about what is happening at all stages of the will contest proceedings so that you have the information you need to make important decisions in your case.