When Estate Plans Change and Are Challenged
Estate plans are designed to provide a clear roadmap for distributing an individual’s assets after their passing. However, these plans can sometimes be contested, leading to legal challenges that are emotionally and financially taxing. Understanding why these challenges occur, what to expect, and the importance of professional legal guidance can help navigate this complex process.
Why Estate Plans Are Challenged
Undue Influence and Coercion
Undue influence claims are common in probate proceedings, especially with the increasing prevalence of dementia and similar cognitive impairments. When a person with declining mental capacity is influenced to change their will or estate plan, it can be grounds for a legal challenge. Proving undue influence involves showing the individual’s vulnerability, the influencer’s opportunity to exert influence, and that the influence resulted in actions the individual would not have otherwise taken. In Florida, there are a set of factors that are used to establish a presumption of undue influence and a shifting burden; commonly referred to as the Carpenter factors.
Legal Capacity
Legal capacity is defined in the Florida Statutes. It refers to the mental ability to understand and appreciate the nature and consequences of one’s actions. Challenges arise when there’s a question about the testator’s mental state at the time of signing the will. This gray area between capacity and incapacity often becomes a battleground for proving undue influence, especially if the person had moments of lucidity interspersed with confusion.
Improper Execution
Wills must be executed according to specific legal formalities, including being signed by the testator and appropriately witnessed. If these formalities are not followed, the will can be contested on the grounds of improper execution. Common errors include missing signatures, insufficient witnesses, or not having a self-proving affidavit. While Florida law technically allows beneficiaries who stand to benefit from the will to serve as witnesses, it is best practice to not allow this to avoid additional opportunities to have a will challenged.
What to Expect When an Estate Plan Is Challenged
Evidence Gathering
Gathering evidence is crucial in any will contest. This can include medical records, witness testimonies, and documentation of the testator’s mental state, the Carpenter factors, and the circumstances surrounding the will’s execution..
Court Proceedings
Estate disputes typically go through probate court where the validity of the will, trust, or other life planning component is assessed. The burden of proof initially lies with the person challenging the will, who must provide convincing evidence to support their claims. The burden can then shift to the other side if the Carpenter factors are sufficiently established to allow for the presumption of undue influence. Courts will consider various factors, including the testator’s mental state, the presence of undue influence, and whether the will was executed properly.
Legal Costs
Challenging a will can be costly. Legal fees can quickly add up, and if the challenge is unsuccessful, the challenger may be responsible for covering their own legal costs and those of the other parties involved.
The Importance of Legal Guidance
Navigating an estate challenge requires sound legal advice. Working with an experienced attorney can provide invaluable support, whether you are challenging a will or defending one. An attorney can help you understand the legal grounds for a challenge, gather necessary evidence, and represent your interests in court. In Florida, just because there is a penalty clause in a last will or trust doesn’t mean that you will actually receive nothing if you challenge it.
At the Law Offices of Mark F. Moss, we have the experience to guide you through the complexities of estate disputes. Whether you are concerned about undue influence, legal capacity, or the proper execution of a will, our team is here to help you navigate the legal process confidently. Contact us for a complimentary consultation to discuss your specific situation by visiting markmosslaw.com or calling (904) 329-7242.