Video Summary
Who can contest a Will in Florida? Well, usually it is any of the children of the decedent contest a Will and or if you’re a beneficiary that was included in one Will and a subsequent Will disinherited you or took you out, then you’re in a position to have standing in order to bring an action to contest the existing Will. The two basis for the primary two basis for contesting Will is one is the incapacity of the person when they made the Will. This is very difficult standard to reach and that you have to have medical records to show on the date that they executed the Will. They were not in the right mind. And in fact, there’s a case that says even someone that’s insane can have a Will, even though in a lucid moment the primary way to attack a Will is through alleging undue influence by the recipient of most of the benefits of the Will or where you were excluded from the will as a beneficiary. And so you have to show that that person unduly influenced the test state in order to have it set aside and the prior will reinstated or have it set aside and the assets passed to the heirs under the laws of the state of Florida called in test state. So, if you have any questions, you can call me at (727) 847-2288.