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Will Contest Lawyer

Written by on Jul 11, 2011| Posted in: General

Florida Will Contest Lawyer

People looking for a will contest lawyer in Florida often ask the following questions:

Can a will be challenged during life?

A will cannot challenged during a person’s life.  Will contests can only happen after death.  Sometime the person who made the last will and testament is still alive but are incompetent and in need of a guardianship.  Many times during the guardianship proceeding evidence about the drafting, creation, and signing the will can be preserved for a will contest after death. 

Can a last will be contested if it was not properly signed?

A will must be signed by the maker of the will and by two witnesses who saw the person sign the will (or who were told by the testator that he signed the will) and those two witnesses must also sign the will. Otherwise, the will is invalid and can be contested.

Is a last will and testament valid if it was signed at a time when the testator was suffering from a mental disease like Alzheimer’s or dementia?

A person signing a Will must have the mental competency to understand the nature of his or her assets and be able to understand the nature of the people who will receive his assets.  If mental illness cause a person to be incompetent based on conditions like dementia or Alzheimer’s, then the will may be declared invalid.

Are no contest clauses enforceable in Florida?

Florida will not honor “no contest” clauses in a wills or trusts.  Those clauses are in violation of Florida public policy and will be ignored.

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