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Challenging a Will in Florida

On Behalf of | Nov 8, 2013 | Probate |

Most often, contesting a Will in Florida, as in most states, is based on allegations of undue influence, fraud, duress, or mistake.  

In Florida, a Will cannot be challenged until after the death of the testator or testatrix–the person making the Will.  After the death of the testator/testatrix, a person challenging a Will may raise any matter tending to show that the Will is not valid and should not be entered into probate. The most common grounds for contesting a Will are undue influence, fraud, duress, mistake, or that the Will failed to comply with the Will formalities required by Florida law.  The probate court will decide if the challenger’s claim has merit and will rule if the Will is completely void or partially void. A Court may rule that a Will is partially void if part of the Will was done properly but the other part of the Will was procured by undue influence, fraud, duress, or mistake. The part of the Will that was attained by undue influence, fraud, duress, or mistake will be stricken from+ the Will, with the remainder being upheld.

If you feel that a loved one was manipulated into writing a Will through undue influence, fraud, duress, or mistake and wish to challenge the Will, you should contact an experienced Florida probate attorney.  


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