Creating an estate plan is a powerful way to secure your family’s future, but these documents are not always written in stone. Under specific legal conditions in Florida, a will or trust can be contested after you pass away. Understanding the vulnerabilities that can leave your legacy exposed to litigation is crucial. At Matthews & Matthews, LLP, we believe proactive planning is the best way to ensure your true wishes are honored and your loved ones are protected. Schedule a consultation today.
3 Key Grounds for an Estate Plan Challenge
Lack of Testamentary Capacity
For any estate document to be legally binding, you must possess a sound mind at the exact moment of signing. This means you understand the extent of your assets, who your natural heirs are, and the practical effect of the document you are executing. If a creator suffers from advanced dementia, severe illness, or delusions at the time of signing, the plan can be challenged for lack of capacity.
Undue Influence
An estate plan can be invalidated if it is proven that someone actively manipulated or coerced the creator into changing their distribution of wealth. In Florida, if a close confidant or caregiver uses active persuasion to benefit themselves—essentially replacing the creator’s free will with their own—the court may throw out the affected provisions.
Improper Execution
Florida law is exceptionally strict regarding how estate planning documents must be signed. A will, for instance, requires two witnesses to sign in the presence of the creator and each other. Failing to follow these formal procedures leaves the entire plan vulnerable to being overturned on technicalities.
Contact Us Today
Navigating the complexities of wills and estate law requires meticulous attention to detail to insulate your legacy from future courtroom battles. Partnering with an experienced estate planning lawyer ensures your documents are drafted with the precise legal safeguards needed to withstand a challenge. If you want to fortify your documents or need a dedicated estate planning attorney in Destin, contact our premier estate law firm, Matthews & Matthews, LLP, to secure your peace of mind today.