This is a multi-state form covering the subject matter of the title.
Florida Complaint to Contest Will
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How to fill out Complaint To Contest Will?
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FAQ
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.
Valid legal reasons to contest a will include: Lack of testamentary capacity when the decedent wrote the last will and testament. Fraud or someone exerting undue influence over the testator. Insufficient or inappropriate witnesses.
Courts May Only Invalidate a Will Under Certain Circumstances. While a will can be declared void if it was procured by fraud, duress, or undue influence, a mistake in the drafting or execution of a will may not be grounds to invalidate the entire document.
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.
Generally, the beneficiaries, creditors, and heirs of a decedent (i.e., deceased person) can contest a Florida Last Will and Testament. Bringing a will contest is not something that one should do lightly. These are contentious legal proceedings that are often quite expensive and time-consuming.
Courts May Only Invalidate a Will Under Certain Circumstances. While a will can be declared void if it was procured by fraud, duress, or undue influence, a mistake in the drafting or execution of a will may not be grounds to invalidate the entire document.
Under normal circumstances, Florida law does not require a crime to be committed to prove an undue influence claim. However, there are certain instances of undue pressure that would be crimes.