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What would make a will in Florida invalid?

On Behalf of | Sep 6, 2022 | Estate Litigation |

Losing a loved one can hit you in ways you never dreamed possible. In addition to losing the love and companionship, you may also be left in a financial lurch that you may not have expected. Sometimes it comes as a surprise to learn that you were left nothing in your loved one’s will. However, there are steps you can take if you were disinherited in Florida.

What would make a will invalid?

One reason you could contest a will is by claiming it was made out of coercion. If your loved one was forced into signing a will that disinherited you, the will may not be valid.

A second reason you could contest a will is by claiming it is invalid due to diminished mental capacity. For example, if your loved one had dementia or Alzheimer’s, they may not have been in a state of mind to understand what executing a will means. This could make the will invalid.

A third reason you could contest a will is by saying it was produced by fraud. If your loved one was tricked into signing the will or otherwise was presented a document to sign under pretenses that it was not a will when it was, the will may be considered invalid.

What to do if you were disinherited

If you were disinherited you may feel shocked, angry and disappointed. However, you can take steps if you were left out of a loved one’s will. First, you will want to obtain a copy of the will from the executor of your loved one’s estate.

You also may want to retain the services of an attorney. Finally, if you have grounds you will want to contest the will in court. Contesting a will in Florida can be an uphill battle, but if youcano have a loved one’s will deemed invalid, you can protect your rights as an heir.