Information on contesting a will

A will contest or will challenge is a case brought to a probate court in order to test a will's validity. Most will contests are brought on the grounds that the testator, or the person who made the will, did not have the capacity to make a will or was unduly influenced.

Attorney Tom Olsen: Here’s a text question they talk about contesting a will in Texas. So we talk about contesting the will here in the state of Florida. Chrissy over my 35 years of law practice, I’ve had a lot of people call me and say “Tom I want to contest a will. Like it’s so easy, “I was left out. That can’t be right. How can I be left out?” My first question to people when they say, “I want to contest a will,” is this; Was it a homemade will or was it with a very official-looking a will that was prepared by an attorney, witnessed by an attorney, and by the witness’s attorney’s staff? If it was prepared by an attorney, witnessed by an attorney and his staff or her staff, you can assume it is rock solid. Yes?

Chrissy: Absolutely. And of course, Tom we do get that question quite a bit where people when we are preparing their wills, they want to know, are they able to

Disinherit, in particular, adult children and they’re concerned about these adult children contesting the will as they prepare it. And so a lot of times we are advising them on that again it is rock solid

Attorney Tom Olsen: So people are unsure about whether that will is prepared by an attorney said: “Look then, fax it, scan it, send it over to me, I’ll take a look at it.” Clearly, if it’s a homemade will; if it was made by the son who end up inheriting everything from mom and dad, you know that makes it automatically suspect. But it’s hard to contest a will and my 35 years law practice I never had an opportunity to pursue it and see one being successfully challenged.

Chrissy: On the flip side when we prepare them, then we are making sure exactly like you said that the languages in there and that language says that they can omit these people for their personal reasons. And the reason why you want them listed in there is for exactly what you just said. Because then that means that it is rock solid and if it did ever have to go before a judge, they couldn’t say, “Hey mom or dad just forgot me.” That name is listed, and that’s the end.