As medical science allows our bodies to be kept alive long after our minds function as when we were young and healthy, family members and others may see an opportunity to adjust an elderly persons estate plan more to their liking. When other family members, not involved in the change to the estate plan, learn of the changes, they may wish to contest the will on the grounds of undue influence, lack of capacity, or failure of the will to conform to the requirements of law. A will can be challenged only after death, not while the maker of the will is still alive, although the facts surrounding the creation of the will can be gathered and preserved for subsequent litigation. After death, the Personal Representative will issue a Notice of Administration to the heirs and beneficiaries, which starts a 90-day period for challenging a will or the appointment of the Personal Representative.
Proper execution of a will requires that the will be signed by the deceased and witnessed by two witnesses, who also sign the will at the same time as the deceased. A will can be contested on the grounds that it was not properly signed or witnessed, and Florida courts have declared wills to...
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