How to Avoid a Contested Will in Florida

A will is a crucial legal document that outlines how an individual’s assets should be distributed upon death. It is essential to draft a will that is clear, legally binding, and resistant to challenges to avoid disputes among beneficiaries. 

Your Will can be contested if a family member believes you did not have the requisite mental capacity to execute the will, someone exerted undue influence over you, someone committed fraud, or the will was not executed properly. Here are some steps to ensure that your will cannot be contested. 

1. Make sure your will is properly executed: The best way to do this is by having an estate planning attorney assist you in drafting and executing the will.

2. Use a Self-proving affidavit: The purpose of  a self-proving will is to avoid the cost of authenticating a will in probate court after you have passed away.  When a personal representative of an estate brings a will to the probate court, if the will is self-proving, then the will is automatically considered authentic. 

3. Prove competency: You can try to avoid this by making sure the attorney drafting the will tests you for competency. This could also involve seeing a doctor or answering a series of questions

4. Video record the will signing: A video recording of the will signing allows your family and the courts to see that you are freely signing the document. 

5. Consider creating a trust: By creating a trust, you can allow your loved ones to go through a private process to obtain the property you have left to them. Assets titled in a trust at your death do not have to go through probate and allow your beneficiaries to receive their inheritance faster.

Be sure to discuss any and all concerns you have related to potential conflict at the time of your passing with your Florida estate planning attorney. 

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.