Estate Law Questions? Ask an Estate Lawyer.
The person is deceased.
By 'rectify' I mean to alter it to how the division was to have been made. We are not sure if we have written evidence, but we do have anecdotal evidence as to the division of the residuary estate and we are quite certain the the person who signed the Will was not mentally fit at the time to do so. There are so many errors and inaccuracies in the Will as to give us grounds for concern.
Thank you for the added information. That helps me understand your question better.
The named beneficiaries of the Will can always voluntarily enter into a "Family Settlement Agreement" to alter the distribution scheme.
If the beneficiaries in the Will do not agree to the alteration in distribution then the only way to alter the distribution is to sue to overturn the Will. This is called a Caveat action. It is a civil suit against the validity of the Will. To prove a Caveat you must show that the decease was incompetent at the time the will was made (this is done with medical evidence generally) or that the deceased was forced or unduly influenced into making the Will.
Florida Statute §731.110(1) provides that "any interested person who is apprehensive that an estate, either testate or intestate [meaning with a will or without a will, respectively], will be administered or that a will may be admitted to probate without that person's knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered."
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