Most Florida estates close quietly. But sometimes a family member or beneficiary believes a will does not reflect what the deceased truly wanted, and a dispute lands in the probate division of the circuit court. This is a will contest. Here is what first-timers should understand about contesting or defending a will under Florida law.
Who can contest a will
Not just anyone can challenge a Florida will. You must be an “interested person” whose financial stake is affected, such as a beneficiary named in the current or a prior will, or an heir who would inherit if the will were thrown out. If you have nothing to gain or lose, you generally lack standing.
Common grounds for a challenge
Florida courts will not overturn a will simply because someone feels treated unfairly. There must be a legal ground, typically one of these:
- Improper execution. Florida Statute 732.502 requires a will to be signed by the testator and witnessed by two people who sign in the presence of the testator and each other. A failure here can void the document.
- Lack of testamentary capacity. The person must have understood the nature of making a will, the general extent of their property, and their natural heirs.
- Undue influence. This is the most common claim in Florida, often where someone in a position of trust pressured an elderly or dependent person into changing their will.
- Fraud, duress, or mistake. For example, a signature obtained by deception.
The Florida caveat: an early-warning tool
If you fear a will may be admitted before you can object, Florida allows you to file a caveat (Section 731.110). A caveat asks the court to notify you before letters are issued, giving you a chance to be heard. It is a uniquely useful early step in contested matters.
Deadlines you cannot ignore
Time limits in Florida will contests are strict. Once a personal representative serves formal notice of administration, an interested person generally has only 90 days to file objections challenging the will’s validity, the qualifications of the personal representative, or the court’s jurisdiction or venue. Miss that window and your claim may be barred forever. Acting quickly is essential.
What a contest actually looks like
A will contest is litigation. Expect formal pleadings, discovery (document requests, depositions, sometimes medical and financial records), and possibly expert testimony from physicians on capacity or from handwriting analysts. The party challenging undue influence may benefit from a legal presumption if they can show the influencer was a substantial beneficiary who occupied a confidential relationship and was active in procuring the will. Many contests settle before trial.
A note on “no-contest” clauses
Some wills include a clause threatening to disinherit anyone who challenges them. Importantly, Florida law makes such in terrorem clauses unenforceable (Section 732.517). You will not lose your inheritance simply for raising a good-faith challenge in a Florida court.
Before you act
Will contests are fact-intensive and time-sensitive, and the right strategy differs greatly between challenging and defending. This article is general information only. If you suspect a Florida will does not reflect the deceased’s true wishes, or you are an executor facing a challenge, consult a licensed Florida probate litigation attorney promptly, before the 90-day clock runs.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
