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What is will reformation?

Florida law sets strict rules about who may contest a Last Will and Testament, as well as the reasons a Will can be legally challenged in court. However, not all errors in a Will call for the revocation of the entire document. The Florida probate court may reform a portion of the Will to correct mistakes—even mistakes are not blatantly obvious.

When Can Florida Residents Reform a Will?

Last Will and Testament Paperwork in a FolderAs of 2011, Florida law allows for modification of a Last Will and Testament to correct a mistake of fact or law in the written Will. If you suspect that there is an error in the probated Will, you will have to provide sufficient proof that the mistaken provision doesn't reflect the testator's intent.

Will reformations typically involve:

  • Interested persons. Any "interested person" under the Florida probate code may petition the court to reform or modify a Last Will and Testament. These persons usually include spouses, beneficiaries, heirs, and creditors.
  • Discovery. The court requires clear and convincing evidence that a written portion of the Will conflicts with the testator's original intent. Interestingly, the court may consider evidence in its decision that contradicts the apparent plain meaning of the Will. For example, imagine a grandmother's Will is deposited with the probate court and provides $1000 to each of her three children. However, a written draft of the will leaves each of her children $100,000. It may take physical evidence or witness testimony to determine which Will contains the mistake of law or fact. 
  • Tax concerns. The updated statute allows heirs to modify the terms of a Last Will and Testament to achieve tax objectives after a loved one's death. The court will only allow these modifications if evidence shows that modification does not contradict other terms of the Will.

If you have questions about the terms of your loved one's Will, the Florida estate litigation attorneys at DeLoach, Hofstra & Cavonis can explain your legal options. Simply fill out the quick contact form on this page to set up a consultation and get answers to your questions.

 

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