Contesting a Will in Florida: Warning Signs, Legal Standards, and When to Call a Probate Litigation Attorney

This page is provided for general informational purposes only and does not constitute legal advice. Reading this content or contacting our office does not create an attorney-client relationship. Every legal situation is unique; consult a qualified Florida attorney regarding your individual circumstances.

Few family conflicts run deeper than a dispute over a parent’s estate. When a will surfaces after a death and siblings disagree about its validity, the legal process for contesting a will in Florida can be lengthy, emotionally draining, and expensive. But not every disagreement rises to the level of a legitimate legal challenge. Knowing the difference between a contested will that has legal merit and one that does not is the first step toward making a sound decision for your family.

What Does It Actually Mean to Contest a Will in Florida?

Contesting a will means formally challenging its validity through the probate court. In Florida, a will contest is filed as an objection within the probate proceeding. It is not a separate lawsuit; it is litigated inside the estate administration itself.

Florida law recognizes four grounds on which a will can be challenged. Understanding each one helps you assess whether your situation warrants legal action.

Lack of Testamentary Capacity

For a will to be valid, the person signing it must have been of sound mind at the time of execution. Under Florida law, that means they understood the nature of making a will, knew the general nature and extent of their assets, recognized who their natural heirs were, and understood how the will distributed their property.

A diagnosis of dementia or Alzheimer’s disease does not automatically invalidate a will. Capacity is assessed at the specific moment the document was signed, not generally over time. Medical records, witness testimony, and the timing of the signing relative to a diagnosis are all relevant evidence.

Undue Influence in Probate

Undue influence is one of the most common and most difficult grounds to prove in a will contest. It occurs when someone in a position of trust or authority over the testator uses that position to override the testator’s free will and substitute their own wishes.

Florida courts look at a specific set of factors when evaluating undue influence claims, established in the case In re Estate of Carpenter. Key warning signs include:

• A beneficiary who was present when the will was drafted or signed
• A beneficiary who selected or recommended the attorney who drafted the will
• A sudden or unexplained change in the will that disinherits previous beneficiaries
• Isolation of the testator from other family members in the period before death
• A testator who was in a weakened physical or mental condition and dependent on the beneficiary for care
• A will that leaves everything to a caregiver, a new romantic partner, or one sibling to the exclusion of others

If a beneficiary occupied a confidential relationship with the testator and was active in procuring the will, Florida law shifts the burden of proof; the beneficiary must prove the will was not the product of undue influence.

Improper Execution

Florida law requires specific formalities for a will to be valid. The will must be in writing, signed by the testator, and witnessed by two individuals who sign in the presence of the testator and each other. A will that does not meet these requirements can be challenged on the basis of improper execution regardless of the testator’s intent.

Fraud or Forgery

A will procured through fraud, where the testator was deceived about what they were signing or about material facts affecting their decisions, is subject to challenge. Outright forgery, where the signature is not the testator’s at all, is also grounds for invalidation.

Before and After: What a Will Contest Actually Looks Like

Consider a scenario that is not uncommon in Sarasota probate court. An elderly parent lives alone and becomes increasingly dependent on one of three adult children who moves in to help with care. Over the final two years of the parent’s life, the other siblings have limited contact. After the parent’s death, a will surfaces that was signed eighteen months earlier, leaving the entire estate to the live-in child. The prior will, signed a decade before, had divided the estate equally among all three.

Before a challenge is filed, the excluded siblings have a potential claim but no legal standing to compel any action. After a properly filed will contest raising undue influence and lack of capacity, the court may order discovery, depose the drafting attorney and medical providers, and ultimately determine which document reflects the parent’s true wishes. The outcome depends entirely on the evidence, which is why early legal counsel matters.

Warning Signs Your Family Should Know

The situations described above share a common thread: they were avoidable. A properly drafted, witnessed, and regularly updated estate plan is significantly harder to challenge than one prepared hastily, amended late in life under questionable circumstances, or executed without professional guidance.

Warning signs that a will may be vulnerable to challenge include:

• The will was changed shortly before death, particularly after a diagnosis or during a period of dependence on one person
• A caregiver, a new spouse, or a sibling received a disproportionate share without explanation
• The will was drafted by an attorney selected or recommended by the primary beneficiary
• The document was not properly witnessed or executed under Florida’s formal requirements
• The plan was never updated after a major life event, such as a divorce, remarriage, or the death of a named beneficiary

If you recognize any of these patterns in your own estate plan, the right response is to address them now, while there is still time to correct the document. For families in Sarasota, Lakewood Ranch, Bradenton, and Venice, Bart Scovill, PLC serves clients throughout the area with estate planning designed to hold up under scrutiny.

What Happens to the Estate During a Will Contest?

Probate administration typically continues while a will contest is pending. The personal representative remains in place and continues to manage estate assets. Distributions to beneficiaries, however, are usually held until the contest is resolved. This is one reason that contested estates can take significantly longer and cost significantly more than uncontested ones.

In some cases, the parties reach a settlement before the matter goes to a full evidentiary hearing. A negotiated resolution can preserve family relationships and reduce legal costs on both sides, though it is not always possible when the facts are seriously disputed.

For an overview of how Florida probate administration works and what to expect at each stage, visit the Florida probate services page. If the estate includes a trust, the administration process carries its own set of legal obligations, reviewed in detail on the trust administration services page.

This article is part of the broader Florida probate services hub, which covers all stages of probate administration in Sarasota and the surrounding area.

Frequently Asked Questions

How long do I have to contest a will in Florida?

In most cases, you have 90 days from the date you receive a Notice of Administration to file a will contest. This deadline is strictly enforced. If you believe you have grounds to challenge a will, contact a probate litigation attorney as soon as possible after receiving that notice.

What is the most common ground for contesting a will in Florida?

Undue influence is among the most frequently raised grounds in Florida will contests, particularly in cases involving elderly testators who were dependent on a caregiver or close family member in their final years. Lack of testamentary capacity is also commonly raised, often alongside an undue influence claim.

Can I contest a will if I was left out entirely?

Yes. If you are an heir at law or a beneficiary named in a prior will, you have standing to contest. Being disinherited does not eliminate your right to challenge the validity of the document that excluded you; it is actually one of the factors courts consider when evaluating whether undue influence may have occurred.

Does contesting a will mean going to trial?

Not necessarily. Many will contests are resolved through mediation or negotiated settlement before reaching a full evidentiary hearing. Whether a case proceeds to trial depends on the strength of the evidence, the positions of the parties, and the complexity of the issues involved. You can also find answers to common Florida estate and probate questions at the Florida estate planning and probate FAQ page.

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This blog post is for general informational purposes only and does not constitute legal advice. Reading this article or contacting our office does not create an attorney-client relationship. Every legal situation is unique; you should consult with a qualified attorney regarding your individual circumstances. Nothing in this article should be considered tax advice. Our office does not provide tax advice, and you should consult with a qualified tax professional before taking any action that may have tax consequences.