When You Suspect Your Loved One’s Will Is Invalid, The Florida Will Contest Lawyers at Wintter Law Will Guide You through a Contest of the Will
Unfortunately, even when your loved one leaves a will behind, disputes can arise over its validity. Sometimes, the disputes themselves are unfounded, but at other times there are legitimate legal concerns about whether or not the will is a valid legal instrument. There are generally two types of people who can contest a will – the beneficiary and the person or persons who would inherit property if the will was proved to be invalid. However, a will contest is not going to be successful simply because one or more of those parties believes the terms of the document are unfair. In order prevail, one of following four legal concerns must be present:
Non-Compliance with the Law – The will must have been created and signed according to Florida law. For example, if the will was not signed in the presence of two witnesses, this would be a valid reason to dispute a will in a court of law. Failure to comply with Florida’s execution requirements is one of the facts that will cause a will to be declared invalid.
Fraud – If a will was procured or signed by fraud, it is legally invalid. Fraud can occur when the testator or testatrix is given false information that leads him or her into changing the terms of the will. It can also take place when the testator or testatrix signs the will thinking it is another legal document. Unfortunately, fraudulent wills are difficult to prove because courts cannot question the decedent to discover his or her intentions and the person committing the fraud will never admit to their wrongdoing. If you suspect your loved one’s will is fraudulent, it is important to hire experienced probate attorneys like the lawyers at Wintter Law.
Coercion or Undue Influence – In some cases, a family member or caregiver exerts extreme pressure on the testator or testatrix causing them to change the terms of their will. This pressure can take the form of verbal, physical, or emotional abuse, blackmail, and financial deprivation. For the same reasons that fraud is difficult to prove, undue influence is also challenging to demonstrate, so it is important that you hire aggressive and experienced lawyers who are knowledgeable in these areas.
Mental Incapacity – Sometimes beneficiaries or potential beneficiaries will contest a will because they believe the testator or testatrix was not mentally fit to create and sign a will.
The Florida Probate Attorneys at Wintter Law Have the Expertise to Handle the Difficult Task of Contesting a Will
Christopher Q. Wintter is one of a select few attorneys in Florida to be Board Certified in Wills, Trusts, and Estates. He is also an experienced and recognized trial lawyer, meaning he can give you the best and most comprehensive legal guidance when you are involved in a will contest. Mr. Wintter has also earned the AV Preeminent Rating with LexisNexis Martindale-Hubbell in recognition of his superior courtroom ability and commitment to legal ethics. It can be difficult to prove that a will is invalid, so if you are considering contesting your loved one’s will, you want to make sure you have an aggressive and experienced attorney working on your behalf. The attorneys at Wintter Law have the knowledge, dedication, and years of experience that are truly necessary for a successful will contest.
For a Will Contest in Florida, Call Wintter Law to Discuss How Our Firm Can Serve You.
Wintter Law employs experienced professionals in the specialized area of law that is needed to successfully contest a will or to defeat such a contest. The attorneys at Wintter Law provide thorough, ethical solutions that will serve you and your family now and into the future. Schedule a consultation by calling our office at 954-920-7014 or if you would like us to contact you, please complete our online form.