Contesting A Will Or Trust

A will or a trust is a plan for the distribution of assets of an estate. That plan may reflect the intent of the testator but sometimes family members are not sure that the will accurately reflects the intent of the writer. If you believe the will or trust to be in error, or you are protecting an estate's current plan, you can get the representation you need.

At L. Bruce Swiren, P.A., we have over 50 years of experience in probate court, fighting and settling the wills and estate contest litigation. Our hands-on personal approach allows us to tailor solutions to you.

Why Dispute A Will Or Trust?

While many consider someone initiating a fight like this to be an aggressor, often the reason for contesting a will or trust is complicated. The grounds for a contest, however, must be rooted in facts such as:

  • Fraud: The will or trust in question is not valid, fraudulent or written illegally.
  • Influence: The contents of the will or trust were the result of a bad actor influencing the deceased at a time of weakness.
  • Multiple wills: In a situation where multiple wills exist, there is often no other way to resolve the validity than through litigation.
  • Capacity: The decedent must have the mental capacity to know all the ramifications of what their will entails at the time it was drafted.

A case based on facts is a matter of justice, and fairness is often successful, no matter the extraneous complications.

Frivolous Disputes

The other side of this question, however, is what to do if a valid will or trust is contested? In this case, there is little choice but to consult with a lawyer familiar with Florida's estate laws. Our firm's experience and history of success are here for you.

Learn More In A Free Consultation

If you are facing will or trust litigation, contact our firm today. One of our attorneys will meet with you in our Orlando office and help you build a case to protect your interests. Reach us through email or by calling us at 407-287-5137 or toll free at 877-806-7949.