Posts tagged "contest"

Contesting a Will or Trust as a Result of Undue Influence in Florida

In Florida, a Last Will & Testament or a Trust can be contested for a number of reasons, including fraud, duress and undue influence. In the case of undue influence, if a substantial beneficiary under a Will or Trust occupies a confidential relationship with the person who executed the instrument and is active in procuring the contested Will or Trust, a presumption of undue influence arises. So what does it mean that a person is active in procuring?

Proving Undue Influence in Florida Will Contests

A "Will contest" is an action to challenge the valuidity of a Last Will and Testament. In Florida, perhaps the most common basis for challenging a Will is grounded on allegations of "undue Influence." Undue influence, such as would void a Will, has been defined to include over persuasion, coercion, or force that destroys or hampers the free agency and will power of the person making the Will.

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

In Florida, can I contest a Will before the person dies?

With people living longer and with the ever increasing numbers of "blended" families, it is not uncommon for a family member to get suspicious about another family member having prepared or changed their Last Will and Testament in a way that may be unfavorable. As a result, it is not uncommon for attorneys to be asked, "can I challenge Grandma's Will now--while she is still alive?"

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