Post-Death Administration
Contesting a Will in Jacksonville
Legacy Planning Law Group knows that the best way to help our clients is to understand their post-death administration needs and help them find the right solution and path forward. If you’re interested in learning more about our will and trust contests as part of our unique Estate Settlement Program, please book your free 15-minute phone call with us today!
CONTESTING A WILL OR TRUST IN JACKSONVILLE
Whether the dispute involves a question of the legitimacy of the will or trust, a perceived omission from the instrument, an issue with the death tax, or an error in drafting, a will or trust can be contested. Even wills that are subject to probate can be contested in Jacksonville. Challenges to a will or trust can be initiated by any interested person, including a spouse, children or other heirs, creditors, and other potential claimants regardless of their relationship to the decedent. Even beneficiaries from an earlier version of a will or trust, whose interests had been reduced or eliminated by a new will or trust, have the legal right to contest the latest version.
There are many reasons why someone might contest a will or trust. We are well-equipped to handle all manner of will and trust disputes whether you are initiating the process or objecting to it. If a will or trust needs to be contested, however, time is of the essence so make sure you contact us right away to get the process started.
UNDERSTANDING Will and Trust Contests
A will or trust contest is a formal objection raised against the validity of a will or trust based on the contention that the will or trust does not reflect the actual intent of the deceased person who made the will or trust, or that the will or trust is otherwise invalid. Generally it is much more difficult to contest a trust than it is to contest a will. Contesting a will generally focus on the assertion that the deceased person, called the testator, lacked the ability (what is called the testamentary capacity) to make the will, was operating under an insane delusion, or was subject to undue influence from someone else. A will may be challenged in its entirety or in part. Courts generally feel a strong obligation to uphold the final wishes of a testator, and, without compelling evidence to the contrary, the law presumes that a will is valid and accurately reflects the wishes of the person who wrote it.
Our Post-Death Administration Services
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