Our central Florida law firm represents individuals in litigation related to estate and trust disputes. We are able to represent clients in a wide range of probate and trust litigation.

At VanNess & VanNess, P.A., we offer numerous probate and trust services, including the modification of trusts and termination of trusts. We also handle trusts contest advocacy, accounting actions and claims against fiduciaries such as fiduciary misconduct, removal of a fiduciary and surcharge actions.

When A Florida Will Or Trust Is Invalid

Much of our work focuses on will and trust contests — legal actions where a party challenges the validity of a will or trust under Florida law. There are several reasons why a will or trust may be declared invalid:

  • Undue influence: Undue influence cases often involve an end-of-life caretaker, neighbor or family member who has unfairly influenced the terms of the will or trust.
  • Lack of mental capacity: Under Florida law, testators must have the mental capacity to create a will and trust settlors/grantors must also have capacity to execute a trust instrument. If they did not — for example, if they were unable to understand who their family members were or could not comprehend the scope of their assets — the will or trust can be challenged and declared invalid.
  • Inadequate formalities: Florida law requires that most wills and trusts be signed by the testator of a will or grantor/settlor of a trust and two witnesses and that these signatures occur in the presence of each other. If this was not done, the will or trust may be considered invalid.
  • Fraud or mistake: Will and trust contests often occur because of allegations of fraud, misunderstanding or mistake.

At VanNess & VanNess, P.A., our lawyers take a team approach to probate and trust litigation that combines skills in planning, analytics and advocacy. This gives us an advantage in litigation by deploying a wide range of skills to help our clients achieve the best possible results.

To talk to us about your probate litigation concerns, contact VanNess & VanNess, P.A., toll free by calling 866-697-6221 or by completing our online contact form.

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