Challenging a Will in Florida: What You Need to Know

1. To contest a will in Florida, the person who made the will (testator) must be deceased.
2. To contest a will in Florida, the person must have legal standing, meaning they have a legal right to inherit under the will or had the testator died intestate.
3. Legal standing can include being an “heir at law” or being named a personal representative or beneficiary in a previous version of the will. – Improper execution, such as failure to meet the Florida requirement for witnesses and the testator’s age
– Lack of testamentary mental capacity of the testator at the time of executing the will
– Undue influence or pressure on the testator to influence the terms of the will
– If a will beneficiary dies before the testator and the will does not name an alternate beneficiary, the gift is considered “lapsed” and would be distributed to other beneficiaries named in the will

https://www.pfhglaw.com/requirements-to-contest-a-will-in-florida/


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