How to Prove That a Will Is Not the Result of Undue Influence

Challenges to the decedent’s will are among the most stressful things that can happen during a probate case. These challenges usually arise because they do not want the court to administer a will that gives the claimant less inheritance than he or she was hoping to receive, but the court will not invalidate a will just because a disinherited relative doesn’t like what it says. The testator of a will has the right to leave property to anyone he or she chooses and to disinherit anyone he or she chooses;the only person who can override the decedent’s decision to disinherit him or her is the decedent’s surviving spouse. A challenge to a will can only succeed if the claimant presents evidence that the will is legally invalid. A will can be legally invalid if it does not meet formal requirements, such as if it is handwritten instead of typewritten, or if it does not bear the signatures of the testator and two witnesses. If the will is formally correct, the court may also reject it if the testator did not or could not consent to its contents. This can happen if the testator wrote the will while suffering from dementia, psychosis, or some other medical condition that would cause the testator to distribute property different from what the testator would have done if he or she were well. Another reason to object to the will is undue influence, where someone else coerced the testator to sign a new will or took advantage of the testator’s ill health or loneliness to persuade the testator to sign a will he or she did not understand or did not want to sign. If someone alleges this, the personal representative has the right and the responsibility to show any evidence that the will is legally valid and that the decedent understood it and signed it willingly. For help defending against challenges to the will of the decedent whose estate you are representing, contact a Dade City probate lawyer.

Summon the Witnesses to Testify About the Testator’s Circumstances at the Time of Signing the Will

The witnesses who signed the will are in a position to comment on the decedent’s state of mind at the time of signing the will. If you believe that the witnesses were in on the undue influence, you may summon other witnesses, such as family members of the decedent or doctors who treated the testator at around the time that he or she signed the will, to refute the statements of the witnesses who signed the will.

Present a Self-Proving Affidavit If the Testator Wrote One

If the testator wrote a self-proving affidavit, this saves the personal representative a lot of trouble. It is a written statement where the author declares that he or she is of sound mind and willingly signed the will. Someone can issue a self-proving affidavit at the same time as the signing of the will or any time after.

Contact a Florida Estate Planning Attorney About Proving the Validity of a Will

A probate attorney can help you defend the estate you are representing against challenges to the will.  Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.503.html