When can a will be challenged in court?

A will can be challenged in court when it does not follow Florida inheritance laws. Generally, a will can be challenged for the following reasons: the testator (the person making the will) was not of sound mind or was not of legal age when the will was written; the will was not properly signed or witnessed; or the will was the result of fraud, duress, or undue influence. In addition, if any beneficiaries of the will allege they were not given the property or inheritance they were entitled to or promised, they may challenge the validity of the will. A will can also be challenged if the testator’s estate includes property or assets that are not part of the estate, such as gifts made prior to the testator’s death. In this instance, a beneficiary may argue that the testator’s estate should include such gifts and be part of the inheritance. In Florida, the statute of limitations on challenging a will is two years from the date of the testator’s death. If a will is challenged beyond this time period, the court may not consider it. In extreme circumstances, the court may still consider a will contest after the statute of limitations has expired, however, such cases are rare.

Related FAQs

What is the difference between a will and a trust?
What is the definition of inheritance law?
What is the doctrine of contra proferentem?
How is a will interpreted after someone dies?
What is the meaning of an executor?
What is a non-judicial settlement agreement?
What is a living will?
What is a surviving spouse’s right of election?
What are the rights of a surviving spouse?
What are the different types of powers of attorney?

Related Blog Posts

Understanding the Basics of Inheritance Laws: A Guide to Successfully Navigating State and Federal Statutes - July 31, 2023
How to Ensure Your Estate Plan Reflects Your Wishes Through Inheritance Laws - August 7, 2023
Protect Your Rights as a Beneficiary: Understanding Your Legal Rights After Beneficiary Inheritance - August 14, 2023
Comprehending the Duties and Responsibilities of Executors of Estates: How to Properly Administer an Estate and Fulfill Inheritance Law Requirements - August 21, 2023
Maximizing the Benefits of Inheritance Law for Family Heirs of Estates - August 28, 2023