Creating an estate plan is essential for ensuring that your assets go where you want them to. Yet, even the best-laid plans can face challenges. Understanding why someone might contest an estate plan can help you create a more robust and enforceable document.
Lack of testamentary capacity
To make estate planning effective, the person creating it (the testator) must have the mental capacity to understand what they are doing. This means the testator must understand the nature and extent of their property, the natural objects of their bounty (i.e., family and friends), and the distribution of their assets. The estate plan is at risk of invalidation if someone were to prove the testator lacked this capacity.
Undue influence
Undue influence happens when someone pressures the testator to change their estate plan in a way that benefits them. This issue often arises when a beneficiary has a close relationship with the testator and uses their influence to manipulate decisions. If there is evidence of this kind of coercion, the estate plan might be contested and overturned.
Fraud or forgery
An estate plan may face contestation if there are allegations of fraud or forgery. Fraud occurs when someone deceives the testator into including certain provisions in the plan. Forgery involves someone altering or creating fake documents. Tangible proof of fraud or forgery can invalidate the estate plan.
Improper execution
In Florida, specific legal requirements ensure the validity of an estate plan. The will must be in writing and signed by the testator in the presence of two witnesses, who must also sign the document. Failing to follow these requirements can render the estate plan invalid and open to contestation.
Making sure your estate plan is secure
It is important to protect your estate plan from potential challenges. Understanding the common reasons for someone to contest your estate plan can allow you to take preventative steps. An experienced estate planning attorney can help ensure your plan reflects your wishes. Taking these steps now will ensure the plan meets your needs and protects your loved ones.