Daytona Beach Estate Litigation
Attorneys helping settle estate disputes
Every, Stack & Upchurch are experienced estate litigation attorneys. Clients turn to us when looking for information about trusts and respect our staunch advocacy for them when a dispute arises. We draw litigation talent from years of practicing estate-planning law.
We welcome you to contact us with questions and concerns.
Contesting a will
Heirs contest a will if they believe they deserve more of the deceased’s assets. Your situation must meet certain requirements for the court to question validity.
Florida law requires you to have standing in order to dispute a will or other estate plan. This usually means that if the deceased had passed without a will, the government would award you assets based on your relationship.
You must also have a valid reason to contest a will:
- Testator’s loss of competence
- Undue influence
Florida “No contest” clauses
Florida adopted the Uniform Probate Code in 1989. This act clearly states that a beneficiary who has standing can contest a will. A “no contest” provision is unenforceable in these cases.
Every, Stack & Upchurch retrieve estate documents and examine them for contestable actions. Our attorneys support valid claims requiring estate litigation throughout Central and Northern Florida.