How to Contest a Will in Florida

Discovering that a loved one’s final wishes may not reflect what they truly wanted can create confusion, frustration, and tension within a family. In many situations, people become concerned when they see sudden changes to a will, unexpected beneficiaries, or circumstances suggesting that someone may have taken advantage of a vulnerable person.

While disagreements over inheritance are common, Florida probate courts will not invalidate a will simply because someone feels the outcome is unfair. Contesting a will requires legal grounds and supporting evidence. 

Understanding how the process works can help families determine whether a challenge is appropriate and what steps to take next.

Key Takeaways About Contesting a Will in Florida

• Florida only allows wills to be contested for legally recognized reasons
• Common grounds include undue influence, fraud, lack of capacity, and improper execution
• Strict deadlines apply once probate begins
• Probate courts rely heavily on evidence and documentation
• If a will is invalidated, a prior will or intestate succession laws may determine inheritance

Who Has the Right to Contest a Will in Florida?

Not everyone can challenge a will in Florida. The law generally limits will contests to “interested persons,” meaning individuals whose legal or financial interests would be directly affected by the outcome of the case.

This often includes close family members, beneficiaries named in the current will, or individuals who were included in a previous version of the estate plan. For example, if someone was removed from a will shortly before a loved one’s death, they may have standing to challenge the newer document.

Florida probate courts require more than disappointment or hurt feelings. The person contesting the will must show that the outcome meaningfully affects their rights or inheritance.

What Grounds Can Be Used to Contest a Will?

A will contest must be based on specific legal grounds recognized under Florida law. Probate judges generally respect a person’s right to decide how their property is distributed, so overturning a will requires clear evidence that something improper occurred.

Improper Execution of the Will

Florida has strict requirements for creating a legally valid will. Under Florida Statute § 732.502, a will must be in writing, signed by the testator, and witnessed by two people who follow the required signing procedures.

Even well-intentioned estate plans can fail if these formalities are not handled correctly. A witness signing at the wrong time, missing signatures, or improper execution procedures can create significant problems during probate.

This issue is more common than many people realize, particularly when individuals use online templates or attempt to create documents without legal guidance.

Lack of Mental Capacity

A person creating a will must have testamentary capacity at the time they sign the document. This means they must understand that they are making a will, recognize the general nature of their assets, and understand who would naturally inherit from them.

Concerns about capacity often arise when someone has suffered from dementia, cognitive decline, serious illness, or the effects of medication near the end of their life. These cases frequently involve medical evidence, witness testimony, and records showing the individual’s mental condition around the time the will was executed.

Discover exactly how Florida law distributes your assets if you pass away unexpected, and learn how to maintain total control over your family’s future security.

Undue Influence

Undue influence is one of the most common reasons wills are challenged in Florida probate courts.

This occurs when another person exerts pressure or manipulation over a vulnerable individual, effectively overpowering their free will. In many situations, the concern is not that the deceased voluntarily changed their wishes, but that someone else controlled the decision-making process.

Undue influence claims may involve:

• Caregivers
• Romantic partners
• Relatives who isolated the deceased from others
• Individuals heavily involved in the estate planning process

Florida law recognizes a presumption of undue influence in certain circumstances involving confidential relationships and active procurement of the will.

Fraud or Duress

A will may also be challenged if it was created because of fraud, coercion, or duress.

For example, someone may have intentionally misled the deceased about family members or pressured them into signing documents they did not fully understand. In other situations, the person may have been threatened or manipulated into changing beneficiaries against their wishes.

Florida Statute § 732.5165 specifically addresses wills procured through fraud, duress, mistake, or undue influence.

How Does the Will Contest Process Work in Florida?

A will contest is typically handled within the probate administration process. Once probate begins, interested parties receive formal notice that the estate has been opened. At that point, the clock starts running.

Filing an Objection

A person contesting the will must file a formal objection with the probate court. This filing explains why the will is believed to be invalid and outlines the legal basis for the challenge.

Florida deadlines are strict. In many situations, interested persons only have three months after receiving the Notice of Administration to contest the will. Missing this deadline can permanently prevent someone from bringing a claim.

Gathering Evidence

After the challenge is filed, the parties begin gathering evidence through discovery. This stage may involve reviewing:

• Medical records
• Financial records
• Emails or communications
• Depositions from witnesses or family members

Evidence plays a major role in probate litigation because courts rely on documentation and testimony, not assumptions, to determine whether a will is valid.

Mediation and Settlement Discussions

Many probate disputes are resolved before trial through negotiation or mediation. In some situations, reaching a compromise allows families to avoid prolonged litigation and additional emotional strain.

Even when emotions are high, mediation can offer an opportunity to address concerns in a more controlled and private setting.

Trial in Probate Court

If the dispute cannot be resolved, the case may proceed to trial. A probate judge will review the evidence, hear testimony, and determine whether the will should be admitted to probate.

Depending on the outcome, the court may uphold the will, invalidate portions of it, or reject it entirely.

What Happens If a Will Is Declared Invalid?

If a will is successfully contested, the estate does not simply disappear. Instead, the court looks for another valid estate planning document.

In many cases, an earlier will may become controlling if it was properly executed and not revoked. If no valid prior will exists, the estate is distributed according to Florida intestate succession laws.

This means the state determines who inherits property based on a legal hierarchy rather than personal wishes. For many families, this can create outcomes the deceased person never intended, particularly in blended families, estranged relationships, or situations involving unmarried partners.

Why Timing Matters in Will Contests

Probate disputes can become more difficult over time. Important records may disappear, memories can fade, and witnesses may become harder to locate.

Acting early also helps preserve your legal rights. Because Florida probate deadlines are strictly enforced, waiting too long can prevent even valid claims from moving forward.

Even if you are unsure whether you have grounds to challenge a will, consulting with a skilled will contest lawyer early can help you better understand your options.

FAQs About Contesting a Will in Florida

Can a handwritten will be contested in Florida?

Yes. Handwritten wills can be challenged, particularly if they do not comply with Florida’s execution requirements. Florida does not automatically recognize these “holographic” wills unless all statutory formalities are satisfied.

Does contesting a will automatically stop probate?

Not necessarily. The probate court may continue handling certain aspects of the estate administration while the dispute is pending, depending on the circumstances of the case.

Can siblings contest a parent’s will together?

Yes. Multiple interested parties may join together in a will contest if they share concerns about the validity of the document or the circumstances surrounding its creation.

Is it difficult to prove undue influence in Florida?

Undue influence claims can be complex because they often rely on circumstantial evidence rather than direct proof. Courts look closely at relationships, vulnerability, and the circumstances surrounding the creation of the will.

Talk to a Florida Probate Litigation Attorney at The Estate Plan About Your Concerns

Probate disputes can quickly become emotionally and legally complicated, especially when family relationships and inheritance rights are involved. If you believe a loved one’s will may not reflect their true wishes, understanding your legal options early can make an important difference.

The Estate Plan team helps families throughout South Florida navigate probate litigation matters with compassion, clarity, and personalized guidance. To learn more about contesting a will in Florida or discuss your situation, contact The Estate Plan today at (305) 735-2689 to schedule a consultation.