Grounds for Contesting a Florida Last Will and Testament

Grieving the loss of a loved one is hard enough. However, suffering a loss can be even harder when others don’t respect their final wishes for their estate. If someone submits an incorrect or fraudulent will to the probate court, you may have the option to contest it. 

Contesting a will in Florida requires a strong understanding of state probate laws and substantial evidence. Fortunately, Bucelo Diaz Law can help you with both. We provide top-rated representation in probate matters, with our estate planning attorney having over 15 years of experience protecting families in estate disputes.

Grounds for Contesting a Will in Florida

One of the most common questions we hear is, Can you dispute a will in Florida? The answer is yes. Florida law allows an interested party who believes a will is invalid to take legal action to contest it. There are specific grounds available to bring a will contest. Let’s look at a few of them.

Lack of Capacity

A person who makes a will (a testator) must:

• Be at least 18 or an emancipated minor, and
• Be of sound mind.

If a testator does not meet these standards when they make their will, it may be invalid. So, if your loved one suffered from a condition that affected their mental state, or if they were very young when they made their will, you might have grounds for a challenge.

Improper Execution

Florida law has strict requirements for creating a valid will. In general, wills must be:

• In writing,
• Signed by the testator, and
• Signed by two witnesses in front of the testator and each other.

Failure to meet these requirements could invalidate the will and any will amendments.

Undue Influence or Duress

The success rate for contesting a will in Florida is very low, often estimated at around 1%. Courts require proof of specific legal grounds such as undue influence, fraud, or lack of testamentary capacity, not mere unfairness. The law presumes wills are valid, so challengers must present strong evidence like medical records and witness testimony, making early consultation with an attorney essential.

If someone pressured or manipulated the testator into changing their will, that may qualify as undue influence or duress. A will made under these circumstances can be declared void, especially when a caregiver, new spouse, family member, or trusted individual isolates the testator or controls their access to others.

Fraud

If your loved one was tricked into signing a will or someone forged their signature, the will is invalid. Fraud claims require strong evidence and an experienced attorney to identify this type of misconduct.

Mistake

A mistake in executing the testator’s will may cause it to be void. We can help you identify any mistakes that might give you the right to contest a will in probate.

Revocation

Wills can be revoked through certain acts, such as physically destroying them or creating a new one with the proper revocation language, before the testator passes. Failing to revoke a will properly can lead to a challenge in court over the correct version.

How to Contest a Will in Florida

Contesting a will involves a formal legal process in probate court. Here’s how it usually works.

Determine If You Have Standing

In general, only interested parties can challenge a will. An interested party is anyone who others would reasonably expect to be affected by probate and may include:

• Heirs, 
• A surviving spouse,
• Beneficiaries, 
• A trustee, and
• An individual with rights to exempt property. 

If you are one of the above-listed individuals, you will likely receive written notice that a representative is about to administer your loved one’s estate. Keep this notice of administration handy—it’s a key to asserting your rights.

Quickly File a Petition

Typically, you must file your objection to the will within 90 days of receiving the administration notice. The notice of administration tells you the name of the probate representative and where you can file your objection. Review your circumstances and speak to an attorney as soon as possible to determine if you can bring a challenge to the will.

Prepare for Litigation and Go to Court

Contesting a will often leads to litigation in probate court. Involved parties may present evidence and argue their case before a judge. The following evidence can help prove your case:

• Healthcare records,
• Birth certificates,
• Death certificates,
• Financial records, 
• Marriage certificates, and 
• Witness testimony.

We have multiple years of experience in Florida probate courts and can identify your case’s strongest evidence and arguments.

Is It Worth It?

It can be. The success rate of contesting a will in Florida depends on the facts of each case. State courts take will contests seriously and may throw out a will if your evidence is strong. We have the strategies and courtroom experience to build your case and protect your family’s legacy.

Don’t Face This Alone

At Bucelo Diaz Law, we help families across Florida protect their rights. Led by an award-winning attorney, our legal team protects individuals in times of grief and loss. Contact us online or by phone so our compassionate team can stand by you.

Resources:

• Effects of fraud, duress, mistake, and undue influence, Fla. Stat. § 732.5165 (2024), link.
• Who may make a will, Fla. Stat. § 732.501 (2024), link.
• Revocation by writing, Fla. Stat. § 732.505 (2024), link.
• General definitions, Fla. Stat. § 731.201 (2024), link.

Our Weston office is at 2645 Executive Park Dr Suite 643, Weston, FL 33331.

Our Ocala office is at 35 SE 1st Ave 2nd Floor, Ocala, FL 34471.