The Top Four Reasons Disputes Arise Over Wills (and How to Avoid Them)
If you are writing your will in St. Petersburg or elsewhere in Pinellas County, it is important that you get it done the right way. A sloppy or ill-drafted will can lead to serious problems, including disputes. Here, our St. Petersburg estate planning attorney highlights the top four reasons why disputes arise over wills in Florida and provides strategies that you can use to avoid them.
Reason #1: Ambiguous Language
A will needs to be clear. One of the most common reasons for will disputes in Florida is ambiguous language. That is often a consequence of poor drafting. If the language of a will is unclear or internally inconsistent, beneficiaries may interpret the document in different ways. Vague provisions regarding property distribution, beneficiary identification, or fiduciary authority can lead to very serious disputes.
How to Avoid It: A will should be drafted by an experienced St. Petersburg estate planning attorney. Careful drafting is the best defense against ambiguity. A properly prepared will can limit the risk of major disputes.
Reason #2: Undue Influence
Allegations of undue influence is another big reason for will disputes in Florida. These disputes often arise when a will significantly favors one person, particularly if that person had a confidential relationship with the testator and participated in the preparation of the will.
How to Avoid It: Maintaining independence in the estate planning process is critical. The testator should communicate directly with a St. Petersburg estate planning attorney and ensure that no beneficiary controls the preparation of the document.
Reason #3: Questions About Testamentary Capacity
To make (or change) a will in Florida a person needs to be an adult of sound mind. A will may also be challenged on the ground that the testator lacked testamentary capacity at the time the document was executed. Florida law requires that the testator understand the nature of making a will, the extent of their property, and the identity of the natural objects of their bounty.
How to Avoid It: Executing the will when the testator clearly possesses capacity is the most effective preventive measure. Proactive estate planning can make a big difference.
Reason #4: Failure to Update a Will (Major Life Changes)
Estate planning needs change. A will should be updated along with them. Doing so ensures that a person’s true wishes are respected. Major life events such as marriage, divorce, births, deaths, or significant financial changes can make an older will inconsistent with the testator’s actual intentions. When outdated provisions conflict with present family relationships, beneficiaries may challenge the document or dispute how its provisions should apply.
How to Avoid It: It is best to ensure that a will is reviewed (and, if needed, revised) after a major life event. An experienced St. Petersburg estate planning lawyer can help.
Contact Our St. Petersburg Estate Planning Lawyer Toady
At Fisher & Wilsey, P.A., our St. Petersburg estate planning attorneys have the knowledge and experience that you can trust. If you have any questions about wills, please do not hesitate to contact us today to set up a completely confidential initial consultation. Our firm handles wills in St. Petersburg, Pinellas County, and throughout the broader region in Florida.
