Can you contest a will? What do you need to prove?

| Feb 9, 2021 | Wills & Trusts

Many people work hard to help their loved ones during their final years, and a few of those people shockingly find that they’ve been removed from their parent or loved one’s will. Getting disinherited can be hurtful and surprising. You may also suspect that it was done fraudulently. 

If you want to challenge the will, you will need to be able to show that your loved one was either:

  • Manipulated into changing the will to leave you out of it, or
  • Did not have mental capacity when they changed their will

If either of these things happened, then the changes that were made to disinherit you from the will may not be valid. 

What should you do if you believe that a will was manipulated?

If you think that your loved one’s will was manipulated in some way or that they made changes when they shouldn’t have been able to due to their mental state, then you should file your will contest as soon as possible. You may need to show information such as:

  • Medical information stating why your loved one didn’t have the legal right to make changes to the will due to their mental capacity
  • Proof of coercion, such as text messages with the person who manipulated your family member admitting to taking them to change the will or asking them to leave you out of it
  • Any kind of documentation you believe supports your case

Your attorney will talk to you more about the specifics of your case to make sure that you have the standing to contest the will. So long as you do, they can help you put together a case to take to court in Florida.