Society

According to Miami probate attorney , the desire to contest a loved one's will is common, but there are only four basic legal reasons for challenging a will, and it's both costly and difficult to succeed. Individuals considering contesting a will in Florida should be aware of the following. The four reasons a will may be legally challenged include: the will was not signed in accordance with Florida laws; the Testator lacked capacity to sign the will; the Testator was unduly influenced; or there is evidence of fraud. In Florida, a will must be signed in the presence of two witnesses, and each must sign the will while the other two watch. Even wills that were executed in an estate attorney's office may not have been signed with the legal formalities, so this is the most common reason a will is ultimately found invalid. Secondly, the Testator, or deceased, must understand the nature and value of the assets, who should logically inherit these assets and the legal ...