The Significance Of A Fraud-Based Will Contest

Your will can be contested by those who are connected to the will. Someone connected to the will could accuse it of being fraudulent; among other possibilities.

By contesting your will, and claiming that it was made in a fraudulent manner, your beneficiaries will have a much harder time receiving the assets you wish to give them.

Going over the significance of a fraud-based will contest, and speaking with a Florida estate planning lawyer, will help you protect the assets you wish to give your beneficiary.

What Is A Will Contest? 

A will contest is a situation in which someone connected to the will dispute its validity. By disputing the validity of your will, your beneficiaries will need to wait longer to receive the things you wish to give them. 

Just as an example, if your niece is a part of your will, and she files a legal claim stating that your will was made by someone else and is, in fact, fraudulent, this would be a will contest. 

To ensure that your will is not fraudulent, the probate court will, in most cases, need to investigate the validity of your will.

Why Is A Will Contest So Harmful? 

A will contest will require, in most cases, a thorough investigation regarding the validity of your will. This takes time, which means that your beneficiaries won’t receive the assets you wish to give them as quickly as they can.

Outside of the time that a will contest investigation requires, an investigation is often quite expensive. And, to pay for this investigation, the assets within your estate will, in most cases, be drained.

Both of these things make it a lot harder for your beneficiaries to receive what you intend to give them. That’s not all, though: depending on the outcome of this investigation, the terms of your will may be changed.

A good example of the above is as follows: if your will contest investigation that your will was, in fact, produced under fraudulent conditions, it will change as a result. This can happen, even if your will is not fraudulent. 

How Can You Protect Your Estate From Will Contests? 

The best way to protect your estate from will contests is as follows: develop provisions that make contesting your will an unpleasant choice.

Just as an example, you can set up a provision, within your estate plan, that says the following: if you contest this will, you will not receive the assets set aside for you.

To implement a provision like the above – among many others – you can set up a trust. Doing so gives you a great deal of control over your assets, such as allowing your assets to bypass probate.

Setting up a trust is not easy. And, as such, if you want to set up a trust, you will need to work with a lawyer who can help you do so. 

Speak With A Florida Estate Planning Lawyer Today 

If you would like to protect your estate from will contests, you must work with someone who can help. Speak with a Florida estate planning lawyer at the Millhorn Elder Law Planning Group today to receive the estate planning assistance you need. 

Sources: 

law.cornell.edu/wex/will_contest

law.cornell.edu/wex/trust