Legal Question in Wills and Trusts in Florida

Countersuing on a Will Contest/Challenge

Best friend of 25 years is left some real property and significant cash fund. Greedy siblings are challenging the will and accusing this friend of undue influence/coercion. Regardless of outcome, this accusation will be part of public record forever -- can the friend countersue the challengers for defamation of character?


Asked on 7/20/07, 3:29 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Countersuing on a Will Contest/Challenge

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you are suggesting libel or slander, the party would have to show that some party was made aware of the charges, that they were false with the intent to harm you and that you were damaged as a result of the false statements. Anything said that is truthful is allowed to be said.

Without knowing what was said or more about the basis of the comments, it is impossible to make any judgments as to whether or not you have the opportunity to sue or countersue them. You should speak with your attorney who can evaluate the situation and advise you of your legal rights.

Scott R. Jay, Esq.

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Answered on 7/24/07, 12:33 am


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