Legal Question in Wills and Trusts in Florida
Contesting a will
What are the factors that would make w 50+ yr old will contestable?
Are there laws or regs that would require the maker of a will revise is periodically?
If the will has not been revised, what would be necessary to prove the will-maker (who died under guardianship of a state) even remebered the will, for example either at the time of death or before becoming incompetent?
Is there legal differentiation between the beneficiary being a corporate entity vs. an individual?
1 Answer from Attorneys
Re: Contesting a will
Assuming that the will has been properly executed and is otherwise valid on its face, the usual grounds on which a will is contested are fraud, duress, and undue influence. The facts that the decedent later became incapacitated, didn't remember her will, etc. are irrelevant. We are only concerned with the circumstances of its execution.
There should be no material difference between a fictituous entity and a real person as beneficiary.