Isthere a a statute of limitations to contest a Will?

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Isthere a a statute of limitations to contest a Will?

Should I consult with a probate attorney?

Asked on July 4, 2011 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

An objection to the probate proceedings must be commenced within a certain period of time or be forever barred. The time frame within which a Will contest can be brought depends upon the method in which an individual or entity was provided with notice of the probate proceedings; however it can be in as little as 90 days. Therefore the contest should be filed as soon as possible.

The grounds for contesting a Will in FL are:

  • Lack of testamentary capacity
  • Undue influence
  • Mistake
  • Insane delusion
  • Fraud and duress
  • Failure to execute with required formalities

As to who has standing to contest a Will, FL law provides that "an interested person" may do so; this has been defined as any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved (i.e. beneficiary, personal representative, or heirs at law).

These cases can be difficult to win so consulting with an experienced probate attorney ASAP is strongly recommended.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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