In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Florida Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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FAQ
The burden of proof shifts to the accused beneficiary if the person challenging the will can prove undue influence by showing: The accused is set to receive a substantial benefit through the Will. The accused and the testator enjoyed a confidential relationship. The accused was active in procuring the will.
Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
The most common challenge to the validity of a will or trust is undue influence. ing to Florida law, if all or any portion of a will or trust is proven to be the product of undue influence, then the whole will or trust (or that portion procured by undue influence) is invalid.
Proving undue influence is complex, and the burden of proof is very high. You must prove that the person who benefited from the gift was in a confidential relationship with the decedent.
However, in Florida Wills, no-contest clauses are unenforceable. This means that a beneficiary, natural heir, or another interested person can contest a Will if they don't like its contents.
Any interested person must file a formal lawsuit contesting the will within 90 days after the filing of the Notice of Administration?the document filed by the estate's personal representative notifying the decedent's heirs of probate court proceedings.
Undue influence is the most common Will challenge in Florida and it comes up when someone close to the deceased, such as a relative, account manager, or care giver, took advantage of that relationship to defraud, manipulate, or coerce him or her to their own advantage.