Blogs from July, 2011


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 be challenged during a person’s life.  Will contests can only happen after death.  Sometimes the person who made the last will and testament is still alive but is incompetent and in need of guardianship.  Many times during the guardianship proceeding evidence about the drafting, creation, and signing of the will can be preserved for a will contest after death. 

Can the 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 causes 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 wills or trusts.  Those clauses are in violation of Florida's public policy and will be ignored.


Most Recent Posts from July, 2011