Florida Probate – can a disinherited child contest a will in Florida?

Yes, but the better question is… could a disgruntled child win a will contest.

Any interested person may object to the validity of a will, however the burden shifts to the contestant if the will has a self-proving affidavit in accordance with Florida law.

Bottom line: Retain a Florida estate planning attorney to draft your will to assure your wishes are followed and the protect the document from frivolous attacks.

Florida Statutes 733.107. Burden of proof in contests; presumption of undue influence
(1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought.
(2) The presumption of undue influence implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.30190.304.
 Call Neilson Law, P.A. to discuss your estate plan.

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July 2024