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 10 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.


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