What Are The 5 Most Common Reasons For Contesting A Will

5 Legal Grounds For Contesting A Will

If someone has the legal standing for contesting a will, they must prove that the will is invalid due to one of the following reasons:

1.The will was forged.

A forgery occurs when a will is created without the testator's knowledge and bears a forged signature.

Contesting a will obtained by forgery is significantly easier than contesting a will obtained by undue influence or fraud since forgery can be proven by objective facts. 

For instance, a handwriting expert can determine whether or not the signature on a will is the testator's signature.

2. The will was obtained by fraud.

Fraud occurs when an outsider tricks someone to make a profit. A will that is obtained by fraud is void. 

It can be seen when an outsider makes false statements to the testator, causing the testator to change or make a will based on those false statements.

3. There is evidence of undue influence and coercion.

Undue influence occurs when a third party exercises a strong persuasion upon the testator's mind so that the testator's decisions under the will don't reflect their true wishes. Undue influence is observed when the person exercising it:

• is a substantial beneficiary of the will
• was active in ensuring the execution of the will
• has a confidential relationship with the testator, such as a relative or friend

Coercion can also be seen alongside undue influence. It occurs when an outsider forces, compels or physically threatens the testator to create or change a will under that party's instructions if the testator would not have voluntarily done so.

4. The testator lacked the mental capacity to execute a will.

According to Florida law, testators who are at least 18 years old or emancipated minors must have a sound mind to sign wills. 

Having a sound mind means that the testator:

1. Knows the practical implications of the will
2. Understands the nature and extent of the property
3. Is aware of the people who will benefit from their assets

Factors such as drug addiction, old age, illness, and memory loss don't mean that the testator lacks a sound mind to execute the will.

5. The will was not executed with proper legal formalities.

The will must be:

• Signed by the testator or by someone else at the testator's direction and presence
• Attested by two witnesses who must also sign that will in the testator's and each other's presence 

If these legal formalities are not followed, the interested party can contest the existing will as invalid.

The Bottom Line

If one of the above-listed scenarios occurs, the judge can determine the whole or partial invalidity or revocation of the will, which has specific consequences. 

However, a judge can dismiss a will contest if the will is considered valid, and the court will adhere to its terms as originally written.