Three Reasons For Contesting A Tampa Last Will And Testament
A last will and testament is an important legal document used in Tampa estate planning. In the event of your passing, it conveys your final wishes, acts as a guide through probate court proceedings, designates beneficiaries, and determines how property and assets are divided between them.
Unfortunately, there are circumstances where disputes can arise. Whether you have had a loved one recently pass or are in the process of creating your own will in Tampa, it is important to be aware of how state laws apply. Our Tampa wills and trusts lawyer explains three legal reasons someone can file a will contest.
What Is A Will Contest?
No matter your age or your current health condition, a last will and testament is something everyone should have. In the event of your death, it acts as a guide throughout Hillsborough County Probate Court proceedings. In addition to ensuring your final wishes are followed, having a will makes the process of closing your estate significantly easier and often less costly.
Sadly, in the aftermath of a death, it is not uncommon for disputes over the contents of a will to arise between family members and friends. Common situations in which this is likely to occur include:
- There are significant amounts of property and assets;
- Heirs or other beneficiaries are at odds with one another;
- Your will leaves everything to one person;
- Your will excludes someone who otherwise thought they would be inheriting your estate.
Your will is a legal document and enforceable by the court, regardless of these disputes. However, a will contest may be an option in certain situations. This is when someone goes through the legal process of filing a petition with the court and asking that the will be revoked or declared invalid.
When To Contest A Will In Tampa
The Florida Statutes provide clear guidelines for creating a will in Tampa. It also addresses circumstances in which a will may be contested and declared invalid. Under state law, there are three specific reasons:
- Undue influence: One of the most common reasons for a will contest is when someone is accused of exerting undue influence over the testator, or person who created the will. This means they either manipulated or pressured them into including certain provisions.
- Lack of capacity: This asserts that the testator was not of ‘sound mind’ at the time the will was made and lacked the capacity to appreciate what they were doing or the consequences.
- Issues concerning legalities and the execution of a will: This is when a will fails to conform to state guidelines, such as not having the required signatures, and is common when a will is created without legal help.
Contact Our Tampa Wills and Trusts Lawyer Today
Whether you are creating a will as part of estate planning or are considering a will contest, get the trusted legal guidance At Bubley & Bubley, P.A. To request a consultation with our Tampa wills and trusts lawyer, call or contact us online today.
Sources:
hillsclerk.com/court-services/probate-guardianship-and-trust
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.502.html
