If someone files a caveat because they disagree with how a will is being handled, they must be given notice before the will can be approved. This gives them a chance to have their concerns heard. The law doesn’t specifically say they have to be given notice of the petition for administration, but it does say they have to be given notice before the will is approved. In a 1938 case, the court ruled that someone who files a formal objection to a will (called a “caveator”) must be given notice before the will is approved. In a 1994 case, the court said that when a formal objection is filed, the court must hear the objection before approving the will. The court in the Grooms case decided that a will contest has to be heard before the will is admitted to probate. This means that anyone who could be affected by the outcome of the case has the right to be notified. An “interested person” is someone who could be affected by the case, like a beneficiary or the personal representative of the estate. It does not include someone who has already received their share of the inheritance. Florida Statute §733.203(1) requires that if someone thinks there is a problem with a will, they have to file a notice to stop the probate process until the issue is resolved. The purpose of this is to make sure everyone who has a stake in the will gets a chance to challenge it before the estate is distributed. The people who have to get this notice are called “interested persons,” meaning they have something to gain or lose from the outcome. If the person challenging the will is an heir (someone who would inherit if there was no will), they definitely have to get this notice because they are definitely affected by what happens with the will. So, the law is trying to make sure that everyone who could be affected by the will has a fair chance to challenge it before it is accepted. Basically, just because someone is mentioned in a previous will, it doesn’t automatically mean they will be affected by the outcome of a new will being offered for probate. If the previous will is still valid or if the person isn’t listed as an heir at law, they may not have a say in the new will. This was shown in a case where a daughter tried to challenge a new will, but the court said she wasn’t considered an heir at law and had been left out of previous wills, so she didn’t have a right to challenge the new one. If you want to contest a will, you have to prove that you would benefit if the will is found to be invalid. If you file a caveat (objection to the will) and you want to be considered an “interested person,” you should say so in the caveat. Otherwise, the court might not notify you about the probate process. The text provides definitions of terms related to inheritance and wills, as well as information about will contests. The author is a lawyer with many years of experience and specializes in probate and real estate law. The information is provided on behalf of a legal section.
Source: https://www.floridabar.org/the-florida-bar-journal/notice-to-caveators-prior-to-wills-admission-to-probate/
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