Legal Question in Real Estate Law in Florida

how often does a will get overturned and what are some of the reasons why it would. also how often does a judge's ruling get reversed?


Asked on 1/24/10, 3:02 pm

1 Answer from Attorneys

Charles Hart Charles C. Hart II, P.A.

Some reasons for a will to be overturned area:

1. lack of mental capacity (i.e. the testator was delusional);

2. undue influence (i.e. someone got the testator to do something that they would not ordinarily have done); and

3. duress (i.e. you make this will or I will hurt you).

A judge's decision on a case can be overturned on appeal. However, generally the courts will not review the facts of the case (i.e. they will only look at the case to see if the judge abused his discretion in deciding the matter). Also, you may only appeal within a jurisdictional time period, and if you have not appealed in that jurisdictional time period, then you may not be able to appeal.

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Answered on 2/03/10, 5:31 am


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