In the aftermath of a loved one’s passing, conflicts can arise over the distribution of assets. If a family member feels left out or shortchanged in a will, they might consider contesting it.
But can extended family members legally challenge the validity of a will in the Sunshine State? The answer lies in a combination of probate law and the concept of “legal standing.”
What is legal standing?
Legal standing generally includes two categories of people:
- Beneficiaries of a prior will: Those named in an earlier version of the will but are not named in the current one.
- Heirs at law: Individuals who would have inherited under Florida’s intestate succession laws if the will did not exist.
Extended family members such as cousins or more distant relatives may qualify as heirs at law only if there are no closer living relatives, such as spouses, children, parents or siblings. If a will entirely omits them and closer relatives are alive, they typically don’t have standing.
Grounds for challenging a will
State courts do not entertain challenges simply because someone is disappointed with their inheritance. Acceptable grounds include:
- Lack of testamentary capacity: Arguing that the person creating the will was mentally challenged at the time.
- Undue influence: Claiming that someone manipulated the testator into making certain decisions, especially if the influencer benefited from the will.
- Fraud or forgery: Alleging that the testator did not create or sign the will or that deceptive practices were involved.
While closer relatives are more likely to challenge a will successfully, extended family can sometimes prevail, especially if they were part of the deceased’s life and are able to demonstrate one of the valid legal grounds.
If an extended family member is considering a will contest, it’s crucial to enlist legal guidance to assess the strength of their case. Contesting a will is a serious legal undertaking, but in the right circumstances, it may be a necessary step to help ensure a fair and lawful outcome.