Contesting a will in Florida is a legal process that allows certain individuals to challenge the validity of a deceased person’s will. While Florida law gives great deference to a person’s right to distribute their estate as they wish, there are specific circumstances in which a will can be contested. At Michael Greenwald, P.A., we help residents of Broward County understand their legal options when a will raises concerns.

Who Can Challenge a Will in Florida?

In Florida, only an “interested person” has the legal standing to challenge a will. This typically includes:

• Heirs-at-law (people who would inherit if there were no will)
• Named beneficiaries in a current or prior will
• Creditors in certain situations

The challenge must be brought after the will is submitted to probate, but within a limited timeframe—usually 90 days from receiving notice of administration (or 20 days if a formal notice of administration was received before probate begins).

Common Grounds for Contesting a Will

Florida law recognizes several legal grounds for challenging a will:

• Lack of Testamentary Capacity
  The person creating the will (the testator) must be of sound mind. If they did not understand the nature of their assets or the consequences of their decisions, the will may be invalid.

• Undue Influence
  If someone pressured or manipulated the testator into changing their will, it may be contested. Signs include a sudden change in beneficiaries or isolation from family.

• Improper Execution
  Florida has strict requirements for valid wills. The will must be in writing, signed by the testator, and witnessed by two people. Any failure to meet these requirements can render the will void.

• Fraud or Forgery
  If the will was signed under false pretenses or if someone else forged the signature, the document may not be enforceable.

• Revocation
  A will may be contested if there is evidence that the testator revoked the will before their death, such as by physically destroying it or creating a newer will.

The Process of Contesting a Will

Will contests are typically filed in probate court. Here’s how the process unfolds:

• Filing a Petition: A formal complaint must be filed with the probate court detailing the grounds for the challenge.
• Discovery: Both parties exchange documents, records, and witness statements to support their claims.
• Court Hearing: If the case isn’t settled, it proceeds to a hearing where a judge will determine the will’s validity.
• Outcome: If the court finds the will invalid, the estate may be distributed according to a previous will or Florida’s intestacy laws.

Talk to a Florida Probate Attorney

If you suspect a loved one’s will doesn’t reflect their true wishes, time is of the essence. At Michael Greenwald, P.A., we assist clients throughout Broward County with will contests and other probate matters. Our legal team can help you understand your rights and protect your family’s legacy.