Few things are more heartbreaking than family fighting over a will. Accusations can become especially hurtful when someone believes a loved one changed their estate plan due to pressure before they died. Many folks wonder, “If someone changes their will at the last minute, shouldn’t it be valid?” Sometimes not.
In Florida, you may be able to contest a will if someone exerted duress or undue influence on the deceased person to sign it or make changes. These cases are very fact-specific and challenging to prove, but your attorney may be able to protect your rights with solid evidence filed in a timely manner.
Here’s what you should know about duress and will contests in Florida.
What is Duress When Contesting a Will?
The term “duress” generally refers to someone being forced, threatened, or coerced into acting against their own will. Duress in estate planning may occur when someone changes their will or estate plan under pressure from another person.
Duress does not always have to be physical. Threatening, isolating, or otherwise manipulating someone into changing their estate plan could constitute duress. Caregivers who threaten to stop caring for an ailing loved one or cut them off from visitors could potentially sway the person to change their estate plans.
Courts examine these situations to determine if the will was the result of the testator’s own intentions or if someone exerted influence over the outcome.
What is Undue Influence?
While duress and undue influence sometimes overlap, undue influence generally refers to the improper manipulation of someone’s decisions over time. This may involve slowly gaining control over someone’s finances, mail, communication with loved ones, or daily activities.
Someone could start with a small role in the elderly person’s life and gradually manipulate the individual until he or she agrees to change estate-planning documents.
Courts in Florida look for suspicious circumstances when someone attempts to assert undue influence. These may include:
- A will change to someone’s longtime estate plan
- When the deceased was cut off from family members
- When a caregiver suddenly inherits a large sum of money
- If a will beneficiary was overly involved in the estate planning process
One factor alone does not prove duress or undue influence. However, a court may consider the overall circumstances when determining whether a will should be contested.
Can You Contest a Will in Florida?
Yes, interested parties can contest a will in Florida. The person contesting the will must have legal standing, which usually requires that they would financially inherit under the will or stand to lose something under intestacy.
Anyone upset with the outcome of a will probably cannot challenge it in court. There must be legal grounds to contest the will, such as:
- Duress or undue influence
- Fraud
- Lack of mental capacity
- Improper execution
These types of will contests often look at medical records leading up to death, testimony from witnesses who knew the person, and testimony from the person who prepared the will.
Does Mental Capacity Matter?
Mental capacity usually comes into play when someone is trying to assert duress or undue influence. Generally speaking, a person signing a will must know they are:
- Signing the will
- The nature of the asset they own
- Who would normally inherit those assets
If a person’s mental capacity is in question due to illness, dementia, or other factors, they may have been more susceptible to outside pressure. Keep in mind that just because a person has dementia or mental illness does not mean a will can be overturned.
However, it could lend credibility to claims that the person was unduly influenced by someone else.
Attorneys usually take precautions when someone’s mental capacity is in question. Having multiple people witness the signing or asking detailed questions about the will can help establish someone was not unduly influenced.
How Long Do You Have to Contest a Will?
Florida probate courts do not wait very long for someone to challenge a will. Once someone files for administration of an estate, interested parties may only have weeks to file certain objections.
After too much time has passed, someone may forever lose their right to challenge a will. Because of this, it is essential to consult with an attorney as soon as possible if you believe duress or undue influence occurred.
What Should You Do If You Suspect Duress?
If you suspect duress, gathering information is key. As with other probate contests, information and evidence can be lost over time.
Talk to a probate litigation attorney who can help you understand if duress or undue influence existed. Your attorney may recommend gathering documents and witness testimony to support your claim.
At Patton Law Group, we help clients navigate the probate process after a loved one dies. Call or email our office if you need help with a will contest involving undue influence or duress.
