Contesting a Will and Undue Influence
North Florida attorney explains how to contest a will and undue influence.
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“Basically, what we are seeing is people who are influencing seniors who perhaps have dementia. All of a sudden, you have a caretaker or a specific family member, like one of several children, who was able to influence mom or dad or influence the person that they are taking care of that they should be the beneficiary, and that everybody is working against them, and their children don’t love them anymore, and so they should be excluded from a will.
That’s a lot of what we are doing right now with will contest. We are actually helping people establish undue influence cases where basically one person is influencing and saying really bad things about somebody else in order to exclude them from a will. There are grounds in Florida’s laws that allow us to contest wills based on undue influence. Even if the will was properly executed and the person had, for the most part, testamentary capacity, a will can still be contested if that person is saying mistruths or is using their position to unduly influence or really make somebody do something that they otherwise wouldn’t have done.”