Estate plans generally comprise several documents, including a will. A will provides instructions on how assets should be divided upon the testator’s death.
While most wills are relatively simple, they are subject to rules and regulations. For example, all testators in Florida must be at least 18 years old. Failure to adhere to the legal regulations on wills can result in contests.
Here are some of the most common reasons for will contests.
Legal validity
As well as a minimum legal age for drafting wills, Florida has a host of other regulations. For example, the will must be in writing. The will must also be signed and witnessed by two responsible adults. Not meeting the legal requirements for drafting or changing a will is one of the most common grounds for contests.
Old wills
Wills need to remain up to date and there are two main ways to do this. The first is to add a codicil. This is a legal document that contains new provisions for an existing will. The other way is to destroy the existing will and draft a new one.
When new wills are drafted, the old ones must be appropriately discarded. Otherwise, a will contest can arise based on the confusion that having two wills can cause.
Undue influence
Testators must have testamentary capacity. This means that there must be no physical or mental health issues that impact their judgment. For example, an elderly individual with dementia may not possess testamentary capacity.
While undue influence can occur in any situation, it is more likely to impact those who lack testamentary capacity. Undue influence occurs when an interested party asserts direct pressure on the testator to draft specific terms or make changes to the will.