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Florida Will Reformation

Written by on May 8, 2012| Posted in: Estate Litigation

Florida Will Reformation

Can a Will be changed after death?

While Florida law provides for challenges to the probate of Wills under theories such as duress, improper execution, undue influence, and incompetency, beneficiaries and other interested persons of a Last Will and Testament now have a new way to change a Will after death.  Effective July 1, 2011, Florida Statute 732.615 (“Reformation to correct mistakes”), allows for modification of a Last Will and Testament where a mistake of fact or law needs to be corrected in the written Will.  This Florida law can be used by beneficiaries of a Will in instances where a specific gift in the Last Will and Testament is a mistake; such a situation may arise with regards to the amount of a specific bequest.  Perhaps the decedent’s intention was to provide $50,000 to a grandchild but the Last Will and Testament offered for probate instead lists $500.  In such a scenario, a probate law attorney could use the discovery rules to seek out evidence that both the testator’s intent and the terms of the Will were affected by a mistake of law or fact.  This may be done through written discovery, deposition, or issuance of subpoenas.

If you have a Florida Will Reformation question, please contact the Florida Probate Attorneys at Adrian Philip Thomas, P.A. for a free consultation.  Call toll free at (800) 249-8125.

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