Who Can Challenge a Will
Someone who has practice in this field can assist you when you have the question of who can challenge a will. A will challenge lawyer in Florida is extremely important to identify as soon as possible after you believe that you may have grounds to contest a will. Anyone who may be an intended beneficiary under the current will or under other inheritance opportunities, may be eligible to challenge a will in Florida. An experienced Florida will challenge lawyer can assist you with putting together the proper claim.
Florida requires many different things in order for a will to be classified as valid and for that reason, there are many different reasons why a person may come forward with a will contest. There are two primary ways to attack a will in Florida; the first has to do with execution. The other major line of attack on most wills has to do with undue influence. Most people want to avoid probate as well as possible will contests.
Many will contests can take a considerable amount of time and should only be handled by an experienced attorney who has been practicing in this field for many years. An attorney who is knowledgeable about many of the most key issues will be able to help a person who believes they have grounds for a will contest. Whether or not someone is considered in the presence of someone can be extremely complicated when it comes to Florida’s basic will requirements. For example, Florida mandates that a will be in writing and signed by a minimum of at least two witnesses. Both of those witnesses have to sign the will in the presence of the person creating the will and in the presence of the other witness.
This means that both the person creating the will and both of the witnesses have to be in the same room at the same time and within the presence of each other in order for the will to be classified as valid. Many attorneys in Florida will use what is referred to as a self-proving affidavit on wills in which the person creating the will and the witnesses will first sign the will and then swear under oath that they signed the will in the presence of one another. The will must then be signed again and further notarized.
The self-proving affidavit serves many different purposes. First of all, it can be seen as proof that the will was executed and in accordance with the existing law and it will minimize having to track down witnesses after the person passes away. The individual generating the will must also be of sound mind, meaning they must be clear of what their property is and the purpose of putting together a will. This does not mean they have to be 100% competent but they must be aware of what they are doing. Undue influence can also be complicated when coming forward with a will challenge.
If you or another person is intent on bringing forward a will challenge, you will need to essentially prove to the courts that the person who put together the person signed under undue influence and that he or she would not have done so without the presence of another person. Since these issues can be extremely complicated, these should only be handled by an attorney in Florida who has been practicing in this field for many different years. The support of a lawyer who can help advise you about the common missteps associated with these issues can be extremely beneficial during an otherwise challenging time and this person should be consulted with as soon as you believe you have grounds for a will contest.