Can You Challenge The Validity Of A Will Without Sufficient Evidence?
The death of a loved one is already a stressful and difficult time, and when their will seems suspicious or fraudulent, it can create an added layer of tension. If you suspect that the will of a deceased relative or friend is invalid, you might be considering contesting it.
But can you challenge the validity of a will if you don’t have strong enough evidence? In this blog post, we will explore the laws and processes that govern the challenging of a will in Florida, and give you some insight into what you can expect.
If you think you do not have sufficient evidence to challenge the validity of someone’s will, contact Mark R. Manceri, P.A., to get help in gathering evidence. Our Pompano Beach estate litigation lawyer can evaluate the facts of your case and help you understand if you have grounds to contest a will.
When Can You Challenge the Validity of Someone’s Will in Florida?
In Florida, there are four main grounds upon which you can challenge the validity of a will. These include:
- Lack of testamentary capacity: This means that the deceased person did not have the mental capacity to understand and execute their will.
- Undue influence: This refers to any pressure, coercion, or manipulation that was exerted over the deceased person when they were making their will.
- Fraud: If the will was made under fraudulent circumstances, you may be able to challenge its validity.
- Improper execution: There are specific legal requirements that must be met when a will is executed, such as signing it in the presence of witnesses (Florida Statutes § 732.502). If these requirements were not met, the will may be invalidated.
Speak with a knowledgeable attorney to discuss your specific case and determine if you have grounds to challenge the validity of someone’s will in Florida.
What Evidence Do You Need to Challenge the Validity of a Will?
To challenge the validity of a will, you need strong and convincing evidence to support your claim. This evidence may include medical records, witness statements, and any other documentation that can show that the will was made under duress, fraud, or without proper execution. It is important to note that the burden of proof will be on the person challenging the will, and if you are unable to provide sufficient evidence, your case may be dismissed.
What Happens if You Do Not Have Sufficient Evidence?
If you do not have enough evidence to challenge the validity of a will, your case may be dismissed by the court. In some cases, you may be ordered to pay the legal fees of the other party. This is why it is critical that you speak with an experienced lawyer who can evaluate your case and help you determine if you have a strong chance of success.
How Can a Lawyer Help You Contest a Will?
A lawyer who specializes in estate planning and probate litigation can help you contest a will by evaluating your case, gathering evidence, and building a strong legal argument. They can also represent you in court and negotiate on your behalf with the other party’s lawyers. Having a lawyer on your side can give you the best chance of success, and help you navigate the complex legal system in Florida.
Get the Guidance You Need from Mark R. Manceri, P.A.
Contesting the validity of a will can be a challenging and emotionally charged process. To be successful, you will need to have strong evidence that supports your case. If you are considering contesting a will, we strongly recommend that you speak with an experienced lawyer who can assess your case and provide you with the guidance you need. Contact Mark R. Manceri, P.A., to get the guidance you need. Schedule a case review today by calling 954-491-7099.