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Reasons for invalidating a will

At Common Law, an instrument disposing of Personal Property was called a "testament," whereas a will disposed of real property.

Duress may take the form of unlawfully inducing one to make a contract or to perform some other act against his own free will. duress, the party making the claim must make a convincing showing that the agreement was coerced by means of a wrongful threat such that the exercise of free will was precluded.” [C] –Proof Two factors must be proven to establish “duress” to set aside a prenuptial agreement: (a) that the act sought to be set aside was effected involuntarily and thus not as an exercise of free choice or will and (b) that this condition of mind was caused by some improper and coercive conduct of the opposite side.

A will safeguards a person's right to select an individual to serve as guardian to raise his young children in the event of his death.

When billionaire recluse Howard Hughes died in 1976, it appeared that he had not left a will.

Whether the Will has been formally admitted to probate will determine which pleadings should be filed. The Florida legislature has passed a law that prevents anyone from contesting a will the death of the testator. Fast deadlines for will contests established under Florida Law!

§732.518 However, in many instances the beneficiaries, heirs, and other interested parties will not know the contents of a loved one’s Last Will and Testament until after his or her death, when the document is revealed as a part of the probate administration.

However, the court can declare a will invalid even after the granting of probate.

Note: Even if a will doesn’t meet all the formal requirements for a valid will (for example, to have two witnesses), the High Court has a broad power to approve the will so long as the judge is satisfied it expresses the will-maker’s intentions.

If a person does not leave a will, or the will is declared invalid, the person will have died intestate, resulting in the distribution of the estate according to the laws of Descent and Distribution of the state in which the person resided.