Palm Beach Gardens Estate & Probate Litigation Attorney

At Kitroser Lewis & Mighdoll, we understand the complexity of estate and probate litigation, especially when disputes arise over the validity of a will. Common challenges to a will often involve allegations of testamentary capacity or undue influence, two key issues that can determine whether a will reflects the true wishes of the decedent. If you are seeking to contest a will or find yourself needing to defend against such a challenge, contact our office for guidance and support from an experienced and successful Palm Beach Gardens estate & probate litigation attorney.

Testamentary Capacity in Estate Litigation

Testamentary capacity refers to a person’s legal and mental ability to make or alter a will. In Florida, for a will to be valid, the person creating the will (the “testator”) must have been of sound mind at the time of the will’s execution. This means that the testator must understand:

• The nature and extent of their property,
• The relationships with those who would naturally be heirs (such as family members),
• The effect of making a will, and
• How the will distributes their assets.

If a party believes the testator lacked this capacity at the time the will was signed, they can contest the will. Such disputes often arise in situations where the testator was elderly, ill, or otherwise vulnerable to influence. At Kitroser Lewis & Mighdoll, we help clients understand and deal with these sensitive issues, providing expertise in will drafting and execution to help ensure that wills are both legally sound and reflective of the testator’s true intentions.

Undue Influence and Presumptions in Florida

A will may also be contested on the grounds of undue influence. This occurs when someone exerts inappropriate pressure on the testator, overpowering their free will and resulting in a will that benefits the influencer at the expense of others. To challenge a will based on undue influence, the person contesting the will must provide sufficient evidence to raise this claim.

Under Florida law, a party with standing to contest a will can establish a presumption of undue influence if three key conditions are met:

1. Confidential Relationship: The influencer must have had a confidential relationship with the testator, such as acting as a trusted advisor, caregiver, or close family member.
2. Substantial Beneficiary: The influencer must be a substantial beneficiary under the will, receiving a significant portion of the estate.
3. Active Procurement: The influencer must have been involved in the creation of the will in such a way that suggests they played an inappropriate role in its formation.

When these three conditions are met, the burden of proof shifts to the party defending the will to show that no undue influence occurred.

Active Procurement of a Will

Active procurement refers to actions taken by a beneficiary that indicate they may have manipulated or influenced the creation of the will. Florida courts look at several factors to determine whether a beneficiary actively procured the will. Some of the most common factors include:

• The beneficiary’s presence at the execution of the will: If the beneficiary was present when the testator signed the will, it raises concerns that the beneficiary may have influenced or pressured the testator at that moment.
• The beneficiary’s involvement in selecting the attorney: If the beneficiary recommended or arranged for the attorney who drafted the will, it may suggest they exerted control over the will’s preparation, potentially leading to a biased outcome.
• The beneficiary’s knowledge of the will’s contents before its execution: If the beneficiary had access to the will before it was signed, it indicates that the testator may have been under undue pressure or did not act independently.
• The beneficiary’s role in obtaining witnesses for the will: If the beneficiary played a role in gathering witnesses, it suggests they were too involved in the process and raises the question of whether the testator acted freely.
• The beneficiary’s possession of the will after its execution: If the beneficiary took control of the will after it was signed, it could indicate that they were protecting their own interests rather than the testator’s wishes.

These factors, individually or in combination, can lead a court to conclude that a will was the product of undue influence.

Protecting Your Interests in Estate & Probate Litigation in Palm Beach Gardens

Whether you are contesting a will or defending it, estate and probate litigation can be a complicated and emotional process. At Kitroser Lewis & Mighdoll, we have extensive experience in handling such cases. Our team will work closely with you to understand your unique situation, explain your legal options, and advocate for your rights in court.

We understand that every case is different and requires careful attention to detail. Our Palm Beach Gardens estate & probate litigation attorneys are dedicated to ensuring that the will reflects the true intentions of the testator and that undue influence does not undermine the rightful distribution of the estate.

If you have concerns that a will or inheritance was not lawfully created, contact Kitroser Lewis & Mighdoll today at 561-721-0600 or send us an email. We are here to provide the guidance you need and help protect your interests throughout any estate or probate litigation in Palm Beach Gardens.