Can My Will Be Contested?

Any will can be contested in court. Poorly written and outdated wills are especially vulnerable. This is why it is important to have a qualified Florida estate planning attorney draft your will, update your will on a regular basis and advise you on the best way to set up your estate. Primary reasons a will may be contested include the fact that it does not reflect the wishes of the decedent and/or it does not meet legal standards. At the Pittman Law Office, our estate planning lawyer takes care in preparing your will to ensure it meets both your wishes and legal standards.

Can Anyone Contest a Will?

No. A person contesting a will must have legal standing to file a lawsuit in probate court. Those contesting a will often hire a probate attorney to act on their behalf. A will can be contested by:

• Beneficiaries named in the will
• Previous beneficiaries included in a previous will but disinherited in the current will
  An individual not named in the will but would be eligible to inherit property under state laws (i.e. child, spouse, etc.)
• A successfully contested will invalidates the existing will. And, unless there is a previous will or estate planning documents, the distribution of the estate will be handled by the court.

What Makes a Will Contestable?

For a will to be contestable, it must be considered invalid due to one of the following:

• Incomplete or Faulty Information.
  A will that does not follow the laws of the state may be contested. This can include, but is not limited to, improper number of witness signatures, missing signatures and omitted text.
• Mental Capacity at Time of Signing. The person signing the will must have a coherent and complete understanding of their assets, family relationships and legal effect of signing the will, among other requirements.
• Unduly Influenced or Forced into Signing. The person signing the will must not be influenced or forced by anyone in any way.
• Fraudulently Procured. If the person signing the will thinks they are signing another type of document or one with different provisions, that this will is considered to be fraudulently procured.

What Can I Do to Avoid a Will Contest

Retaining a qualified Florida estate planning attorney is your best bet of avoiding the above pitfalls and ensuring your will is properly written. While there are online tools and “do-it-yourself” templates available, they are not substitutes for the expertise of an estate planning lawyer. Here are some additional strategies to consider to help avoid your will being contested.

• Make your wishes known to your family. If your family knows your wishes up front, there will be less questioning and confusion about your will.
• Set up a revocable trust vs. disinheriting rebellious children. While you may be tempted to disinherit wayward children, doing so can cause problems and animosity. If you are faced with this, ask our estate planning lawyer about a lifetime discretionary trust.
• Update your will as life changes. Be sure to notify your estate planning attorney when anything changes, including marriages, divorces, deaths, property acquisition, etc.

Amy Pitttman with the Pittman Law Office is a qualified and trusted Florida estate planning attorney/probate attorney serving The Villages and immediate surrounding areas. We can develop an estate plan designed to carry out your wishes and help avoid confusion or contests upon your passing. Don’t trust just any estate planning lawyer. Amy Pittman and her team have the knowledge and experience to ensure your estate plan meets your needs. If you live in The Villages or surrounding areas, give us a call today.