The People Who Can Contest A Will
In the state of Florida, certain people can contest a will. And, by contesting a will, these people can make it harder for the other beneficiaries, connected to your estate, to receive the assets you wish to give them.
Going over the people who can contest a will, and speaking with an estate planning lawyer who can help you will make it easier for you to develop the best possible estate plan.
What Is A Will Contest?
Right before we go over who can contest a will, we must clarify what a “will contest” happens to be. And, the answer to this question is as follows: a situation in which someone disputes the validity of your will.
Just as an example, if you have a will that includes your two daughters and grandchildren, one of them can say “This will is invalid and, as such, the terms contained within it should not be abided by.”
By doing the above, your will would be contested. This means that the terms within your will would be questioned and, depending on what happens after this, readjusted in order to align with the reality of the situation.
What Is The Problem With A Will Contest?
A will contest can lead to the wishes you have outlined being ignored. This is especially true if, for any reason in particular, the probate court believes that your will is invalid.
A good example of the above is as follows: if the probate court believes you did not sign your will voluntarily, they can readjust the terms, forcing your wishes to be dishonored.
The above can occur, even if you did sign your will voluntarily. This is a big part of why will contests can be so damaging to your beneficiaries, who may be unable to receive all of the assets you wish to give them.
Outside of your wishes being ignored, the probate court must investigate will contest claims. Doing so will require them to drain the assets within your estate, thereby allowing them to fund this investigation.
Even if your will is found to be valid after a will contest investigation comes to an end, there’s a very real chance your beneficiaries will receive considerably less than you intended to give them.
Who Can Contest A Will?
The following people have the right, and ability, to contest the validity of your will:
- Every single one of the beneficiaries named within your will.
- All of the people who would be eligible to inherit your assets due to Florida’s intestacy laws.
- Every single one of the beneficiaries you disinherited from your previous will.
Regarding the second point, if your son is not on your will, they may still be able to contest it. This is because, under Florida’s intestacy laws, they would, in most cases, be eligible to inherit some of your assets.
Speak With A Florida Estate Planning Lawyer Today
If you would like to develop an estate plan that satisfies all of your wishes, and avoids the problems associated with will contests, you should speak with a Florida estate planning lawyer at Millhorn Elder Law Planning Group today to do so.
Sources:
law.cornell.edu/wex/will_contest
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
