What Are Common Grounds for Contesting a Will?

What Does It Mean to Have Grounds to Contest a Will?

Contesting a Will can be daunting, but it can be necessary if you strongly believe the document contains mistakes or doesn’t reflect the deceased’s wishes. Having grounds to contest a Will means having legal justifications for challenging its validity in court. According to estate planning lawyers in Miami, you can contest a Will if you have “standing.” 

That means you must have a financial stake in the outcome of the contest. You have a standing if you stand to receive a considerable amount of the inheritance after winning the case. It would be a waste of time and resources to contest a Will if you have nothing to gain from the process. Parties recognized under law as having standing in Will contests generally include:

• The deceased’s direct heirs 
• Beneficiaries 
• Beneficiaries mentioned in a previous version of the Will 

In addition to having a standing, you also must have legitimate grounds for contesting the Will. Although the circumstances surrounding contests can vary from case to case, last Will attorneys in Miami say the law has the following legal provisions under which you can contest a Will:

Violation of Legal Formalities

For a Will to be valid, it must meet several legal requirements:

• Be written by a person (testator) who is 18 years and older 
• The testator must be of sound mind 
• The Will must be written and signed in the presence of and by two witnesses, who should not be beneficiaries. 
• The testator must not be unduly influenced or coerced when writing the Will. 

If you believe one of these conditions was not met in drafting the Will, you could have a valid reason to disagree with its execution. However, let experienced Last Wills and Testament attorneys in Miami evaluate and assess the Will for errors before contesting it. 

Undue Influence

Undue influence is excessive pressure or persuasion exerted on a testator to make them draft a Will or make changes to an existing one to reflect the wishes of the coercer. Common perpetrators of undue influence are often the testator’s surviving spouses, children, fiduciaries, and caregivers. 

Coercion and undue influence often happen because the testator is more vulnerable to influence than the average person due to old age, declining physical ability, or mental incapacitation. If this is grounds for contesting a Will, you have the burden of proof to demonstrate beyond reasonable doubt that the testator was under undue influence when creating or altering the Will. 

Miami Last Will and Testament attorneys can help you prove undue influence by demonstrating the following:

• The testator was vulnerable; for example, they had a condition that impaired their cognitive function 
• The influencer was in a position of authority over the testator; for example, they were a trustee, conservator, or had power of attorney
• The influencer used specific tactics to achieve their goal; for example, they were involved in the preparation of the Will 
• The outcome was as the influencer intended; for example, they managed to notably increase their share of the inheritance by reducing the other beneficiaries’ inheritance

Forgery

Forgery could have happened if the testator’s signature looks like a crude copy, which can be a basis for contesting the Will. Unfortunately, it can be complex to prove forgery, as the court won’t just take your word for it. In most cases, it takes expert testimony of a forensic handwriting analyst to corroborate your claims.

The analyst will use their expertise to compare the testator’s signature on the Will with signatures on other documents known to have been signed by the testator. If they don’t match, there is a high chance that the Will was forged, which could cause the court to invalidate it.

Lack of Testamentary Capacity

Testamentary capacity is the mental ability of the testator to make a Will, an ability that adults are assumed to have. If you challenge a Will by claiming that the testator lacked this capacity, your argument will revolve around the fact that they were not of sound mind at the Will’s execution. Your Miami estate planning lawyers can help you prove your case with evidence of the following:

• Intoxication 
• Insanity 
• Dementia 
• Other forms of mental incapacitation 

The law stipulates that testators must be able to fully and lucidly understand the legal implications of a Will and any other estate planning document. Crucial aspects are:

• The estate’s value and scope
• The heirs’ and beneficiaries’ identities 
• Dependents towards whom the testator is obligated to provide 
• What they intend to give away through the Will 

A legal presumption is that children lack the testamentary capacity to make a Will, but there are exceptions for married minors and teenagers who have served in the military. 

Financial Maintenance

If you were financially dependent on the testator when they died, you can challenge the Will if you think it doesn’t adequately prove for you. However, you must make the claim within six months of the Grant of Probate being issued. You also must meet the criteria for a claimant, meaning you must be one of the following to the decedent: 

• Surviving spouse or civil partner
• A former spouse or civil partner who hasn’t remarried
• A cohabitant who had lived in the decedent’s house for two years before their death
• Child
• An individual who the decedent financially maintained before their death 

An Experienced Estate Planning Lawyer Helping You Contest a Will

If you suspect a loved one’s Will doesn’t reflect their true wishes or intentions in distributing their estate to the beneficiaries, you could challenge its content. You can base your argument on various grounds, but ensure you have standing before filing your motion. Working with experienced Last Will and Testament lawyers in Miami can make the ask easier.

Perez-Roura Law hosts knowledgeable estate planning lawyers who can work on your case. Protecting your future from an informed legal perspective is crucial, and we can help you fight for what you rightfully deserve. Call us at 305-570-3259 to schedule a FREE consultation.