AMBIGUITIES/ MISTAKES

Question 1

What is Florida’s rule regarding evidence of mistake?

Answer 1

Evidence that a will provision is the result of mistake of fact or law is always admissible and if proven results in reformation

Question 2

What is the standard of proof to show mistake?

Answer 2

clear and convincing evidence

Question 3

what evidence does the court consider?

Answer 3

Evidence relevant to the testator’s intent