The “Insane Delusion” Challenge To A Will

Even though the state has laws for passing property to your relatives, writing a will is an empowerment act. Your heirs might be surprised about your choices about what to do with your property; they might not like it, but your word has the force of law. If a disinherited family member wants to challenge a deceased person’s will, he or she must present a compelling reason. For example, the person bringing the challenge may argue that the signature on the will is forged, that the will does not meet formal requirements for validity, or that the testator signed the will because of undue influence, such as a new romantic partner who isolated the defendant from his family as his health grew worse. In Florida, where reality is stranger than fiction, unfairly disinherited family members can challenge a decedent’s will based on the insane delusion argument, in which they argue that the defendant’s diseased mental state prevented him or her from understanding the implications of the will. If you believe that the testator in your probate case wrote his or her will while in a state of dementia or mental illness, contact a Tampa probate lawyer.

The Disinherited Wife Whose Husband’s Reality Was Scarier Than Any Insane Delusion

The Florida Supreme Court recently considered a probate case involving allegations of insane delusion, and as you might expect in Florida, the truth is stranger than fiction. A man began telling his wife that he believed that law enforcement was investigating him for a crime that he did not. He became more disturbed by this alleged investigation until his eventual suicide. After he died, his wife discovered that he had disinherited her and named his brother as personal representative of his estate. She claimed that his beliefs about the criminal investigation were paranoia which ultimately drove him to suicide, but the truth was even worse.

The husband had planned to hire hitmen to kill his wife. He had even talked to hitmen about the prospect, but the FBI found out before the crime could take place. He really was under investigation, as he had said. Therefore, the insane delusion did not hold up.

Other Reasons a Will Might Not Make Sense

The insane delusion defense, despite its clickbait sounding name, is fairly common. Dementia and mental illness sometimes cause people to write new versions of their wills based on distorted perceptions of reality. Equally common is undue influence, where someone else manipulated a medically vulnerable, or simply lonely, testator into changing his or her will to give the undue influencer a greater share of the inheritance. It is also possible that a will might not make sense simply because the testator made an obvious mistake and the witnesses who signed the will did not catch the mistake before they signed. Witnesses have no obligation to read the will before they sign; they must simply see it closely enough to know that it is a will and physically see the testator sign it.

Contact David Toback About Wills That Do Not Make Sense

A Central Florida estate planning lawyer can help you if you are the personal representative of an estate where the testator suffered from dementia or mental illness at the end of his or her life.  Contact David Toback in Tampa, Florida to set up a consultation.

Source:

nbcmiami.com/investigations/sergio-pinos-insane-delusion-invalidates-his-will-his-widow-claims/3388365/