Blogs from May, 2012

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A Florida Will Dispute Lawyer handles challenges to Wills based on many grounds.  For example:

  • Execution Formalities – is the Will is executed properly?  This question is always the first one to ask because it is much easier (and consequently less expensive) to attack a Will on a technical mistake in execution than it is to prove undue influence or lack of capacity.  Florida Statutes set forth clear requirements for execution of a Will.
  • Lack of Testamentary Capacity – was the testator“of sound mind?” Did he or she understand generally 1) the nature and extent of his property, 2) the relationship of those who would be the natural objects of his bounty (heirs), and 3) the practical effect of a Will? 
  • Undue Influence – was the testator’s mind was so controlled by persuasion, pressure, and outside influences that he or she did not act voluntarily but was instead subject to the will (meaning “will power”) of another person when executing the Last Will & Testament?
  • Fraud– was the Will procured through fraud?  If so, it will be void.
  • Duress – was there some threat of physical harm or coercion practiced upon the testator by the perpetrator which caused the execution of the Will?

All of the foregoing is grounds for a Florida Will Dispute and can be read about in greater detail on our Florida Will Contest page.  We also have numerous Florida Will Dispute FAQs to read.

If you believe that you need the services of a Florida Will Dispute Lawyer, please call the Law Offices of Adrian Philip Thomas, P.A. toll-free at (954) 764-7273 for a free consultation.

Most Recent Posts from May, 2012