Legal Question in Wills and Trusts in Florida

can I contest a will
both my parents passed away a month apart from each other, there are only myself and my brother, in the will it states my brother gets 50% and I get 50% but only if i'm no longer married to my spouse, can I contest the will because of that? my parents have changed their will several times, everytime they got mad at myself or my brother it would change. My brother has already sold alot of the items, there is a life insurance that I didnt know about until I got a certified letter from my brothers lawyer today, Can I contest that being my brother seems to think he gets everything and I get nothing being I choose to stay with my wife. It shows on the will all the dates that my parents changed the will. What can I do, please help, Thanks Dale

Asked on 3/15/03, 11:19 pm

2 Answers from Attorneys

Karen Spigler Law Firm of Karen Spigler, LLC

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Re: can I contest a will

The issue is whether this is a bequest on condition of divorce, if so, then it is most likely not valid. In general, conditional bequests are valid. However, if the condition itself violates public policy (i.e. trying to encourage the breaking of the bonds of matrimony), it is deemed void. Conditions requiring divorce are void as against public policy (whereas conditions requiring marriage, or marriage within particular faith, are not).

If the bequest to you requires the condition of you obtaining a divorce from your wife, then the condition may void. A void condition is treated as though it did not exist. You need to get a copy of the will to an attorney to check the exact language.

A will may also be contested due to duress, undue influence, fraud or mistake.

Answered on 3/16/03, 9:40 am

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