Can a Will Be Changed after Someone Dies in Florida?
A will generally can’t be changed after the testator has died in Florida. This is because wills are a primary estate planning tool that we rely on to ensure our wishes will be upheld upon death. While we all have the right to change our wills at any point during our lifetimes, they generally can’t be changed following death. There are, however, some highly specific instances when changes can be made to a will following the testator’s death. Discuss your probate concerns with our experienced South Florida probate law attorney at Brian K. McMahon, P.A., today.
When a Will Can Be Changed
In the past, a will in South Florida generally could not be changed, but the law has evolved, and under the right conditions, certain changes are allowed. The primary issue is that the change must address a mistake in the will. This is called reformation of the will, and it’s designed to correct mistakes to make the will align with the testator’s true intentions. The goal is to correct the will to more clearly reflect the testator’s wishes, which is the purpose of wills in the first place.
The Level of Proof Required
To change or reform a will, you’ll need to demonstrate, via clear and convincing evidence, that it contains an error in need of correction. Clear and convincing here means the level of proof must exceed a simple majority; it should be highly probable. This does not, however, reach the level of “beyond a reasonable doubt” required in criminal cases. Because the stakes are high, working closely with a knowledgeable probate law lawyer is always advised.
The Kinds of Mistakes that Are Most Likely to Be Corrected
While reformation can be used to make a range of corrections in relation to a will, the following categories are most common:
- A mistake of law, such as if the will includes terms that are not in compliance with Florida’s mandatory inheritance laws
- A mistake of fact, such as if the will wasn’t updated after the death or birth of a family member, or if changes in the testator’s financials weren’t addressed
- A mistake in expression, such as a clerical error, a typographical blunder, or an oversight in drafting, which is a matter of the written document failing to match the testator’s words or to match what they wanted written
- A mistake in inducement, which relates to provisions based on misunderstandings of fact or law or on false belief
Even if the language included in the will is quite clear, the court may choose to reform it if there is clear and convincing evidence of a mistake.
Turn to Our Experienced South Florida Probate Lawyer for the Help You Need
Brian McMahon at Brian K. McMahon, P.A., is our seasoned South Florida probate law attorney, and he appreciates the magnitude of your related concerns. He will spare no effort on your behalf. To learn more about everything we can do to help, please don’t delay contacting us online or giving our firm a call at 561-658-1789 today.