Understanding the Grounds for Contesting a Will in Florida

When a loved one passes away, their will usually guides how their assets are distributed. But what happens if someone believes the will is unfair or invalid? In Florida, contesting a will is possible, but it requires specific legal grounds and timely action. This post explains the reasons you can challenge a will in Florida, the process involved, and what you should know before taking this step.

Florida courthouse entrance with steps and columns

What Does Contesting a Will Mean?

Contesting a will means legally challenging the validity of a deceased person’s will. The goal is to prove that the will should not be accepted by the probate court, either because it does not reflect the true wishes of the deceased or because it was created under improper circumstances.

In Florida, the probate court oversees will contests. If the court finds the will invalid, the estate may be distributed according to a previous will or under Florida’s laws of intestate succession (when no valid will exists).

Common Grounds for Contesting a Will in Florida

Florida law recognizes several reasons someone can contest a will. These grounds focus on whether the will was properly created and whether the testator (the person who made the will) had the capacity and freedom to make their decisions.

Lack of Testamentary Capacity

The testator must have had the mental ability to understand:

• The nature of making a will

• The extent of their property

• The people who would naturally inherit

  
  

If the testator was suffering from dementia, severe illness, or mental impairment when signing the will, this can be a valid reason to contest.

Undue Influence

If someone pressured or manipulated the testator into signing the will in a way that overrode their free will, the will can be challenged. Undue influence often involves:

• Isolation of the testator from family or friends

• Excessive control over the testator’s decisions

• Beneficiaries who had a close relationship and opportunity to influence the testator

  
  

Fraud or Forgery

A will can be contested if it was created or altered through fraud or forgery. Examples include:

• The testator being tricked into signing a will they did not understand

• Someone forging the testator’s signature

• False statements made to the testator to induce them to sign

  
  

Improper Execution

Florida law requires specific formalities for a will to be valid:

• The will must be in writing

• Signed by the testator or by someone at their direction

• Witnessed by at least two people who sign in the testator’s presence

  
  

If these rules were not followed, the will may be invalid.

Revocation of the Will

If the testator revoked the will before death, either by creating a new will or physically destroying the old one, the contested will is not valid.

Who Can Contest a Will in Florida?

Only certain people have the legal right to contest a will. These include:

• Heirs who would inherit if there was no will

• Beneficiaries named in a previous will

• Anyone who stands to lose inheritance under the contested will

  
  

Friends or distant relatives without a financial interest usually cannot contest.

Time Limits for Contesting a Will

Florida law sets strict deadlines for filing a will contest. Generally, you must file a formal objection within three months after the will is admitted to probate. Missing this deadline usually means losing the right to contest.

The Process of Contesting a Will

Contesting a will involves several steps:

1. Filing a Petition

   The contestant files a petition with the probate court explaining the grounds for contesting.

   
   

2. Discovery

   Both sides gather evidence, including medical records, witness statements, and documents.

   
   

3. Mediation or Settlement

   Courts often encourage parties to resolve disputes outside of trial.

   
   

4. Trial

   If no settlement is reached, the case goes to trial where a judge or jury decides the will’s validity.

   
   

5. Court Decision

   The court either upholds the will or declares it invalid.

   
   

Examples of Will Contests in Florida

• A son contests his mother’s will claiming she lacked capacity due to Alzheimer’s disease. Medical records and expert testimony show she was confused when signing the will. The court invalidates the will.

  
  

• A caregiver is accused of undue influence after the testator changes their will to leave most assets to the caregiver. Evidence shows the caregiver isolated the testator from family. The court finds undue influence and rejects the will.

  
  

• A will is challenged because it was signed without the required two witnesses. The court rules the will invalid due to improper execution.

  
  

What Happens if a Will is Declared Invalid?

If the court invalidates the will, the estate may be distributed according to:

• A prior valid will, if one exists

• Florida’s intestate succession laws if no valid will is found

  
  

Intestate succession favors spouses, children, and close relatives.

Tips Before Contesting a Will in Florida

• Consult an experienced probate attorney who understands Florida law.

• Act quickly to meet filing deadlines.

• Gather evidence such as medical records, witness statements, and documents.

• Consider mediation to avoid costly and lengthy court battles.

• Understand the emotional toll on family relationships.

  
  

For a free consultation or for further help with the process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

law@warnocklawgroup.com