Can You Contest a Will in Florida?

Following the death of a loved one, one of the many issues that needs to be resolved is the division of assets. If the departed had a will, it can make things easier, as their wishes are clearly spelled out. When there are issues with the will, it can create even more problems. Florida allows you to contest a will, but only for specific legal grounds.

You will not be able to contest a will simply because you don’t like what it says. However, multiple issues could invalidate parts or all of the will and lead the court to alter how the assets of the deceased are distributed.

An experienced Boca Raton wills and trusts lawyer can help you contest a will if there are legal grounds.

Grounds for Contesting a Will

To contest a will in Florida, you must have a valid legal argument for doing so. There are several conditions under which you may be eligible to contest a will, and understanding the different laws governing this process can be challenging.

An experienced attorney can walk you through all your options and help determine whether you are eligible to take legal action.

Irregularities Regarding the Execution of the Will

Wills are legal documents and, as such, must conform to certain legal requirements to be valid. In Florida, a will must be:

• In writing
• Signed by the testator (the person determining how their assets will be distributed) at the end, in the presence of two witnesses
• Signed by the witnesses in the presence of the testator and each other

If any of these elements for a valid will are missing, you have the right to contest the will on this ground.

Lack of Capacity

For a will to be valid, the testator must have been of sound mind at the time the will was created. To be considered to be of sound mind, the testator must:

• Be 18 or older at the time of signing
• Know who their heirs are
• Know the full extent of their property
• Understand what they are doing when signing
• Appreciate all implications of creating a will

If you can prove that the testator lacked the capacity to create a valid will, you will have grounds to challenge the validity of the will. The most common means of proving a lack of capacity is through medical records that show incapacity.

Mistake or Fraud

Mistakes in the will or acts of fraud to manipulate the will are clear grounds for contesting a will. Many issues can constitute fraud in these cases, such as tricking a testator into signing or changing a will that goes against their preferences because of lies, swapped pages, or misstatements of fact.

Undue Influence

If a will heavily benefits a specific party, there may be questions about whether they had undue influence over the contents of the will.

To prove undue influence, you must be able to show that the influencing party essentially forced or manipulated the testator into writing the will or changing it. 

The manner in which they coerced the creation or alteration of the will can vary, but some of the things the court will look at when someone contests a will because of undue influence include:

• Whether the influencer and testator had a confidential relationship
• The specific role the influencer had in procuring the will
• The manner in which the will benefits the influencer

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Who Can Contest a Will

Not everyone can contest a will. To do so, you must have legal standing. This means that you need a legal right or interest in the probate proceedings for the deceased to contest a will’s validity. Interested parties that may contest a will include:

• Heir of the deceased
• Beneficiaries
• Creditors

Ultimately, the court will decide whether a person is considered an “interested party” with the right to contest a will. An experienced wills and trusts lawyer can help demonstrate to the court that you qualify under Florida’s legal guidelines.

Factors to Consider Before Contesting a Will

When thinking about contesting a will, keep in mind that doing so is not an easy task. You should consider many factors before deciding how to proceed, including:

• Your reasons for wanting to contest the will
• How much it will cost
• The time it will take
• The impact it may have on your relationship with others involved
• The likelihood of a favorable outcome 

An experienced wills and trusts lawyer can help you better understand these factors so you can make an informed decision about whether or not to proceed.

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Florida Does Not Recognize No-Contest Clauses

Sometimes, testators include no-contest clauses in their wills with the aim of punishing any beneficiary for contesting the will. The will may claim that any party who contests the will loses their inheritance. However, it is important to understand that Florida does not recognize these clauses.

You can not be barred from recovering your inheritance if you contest a will. As long as you have the legal grounds to contest a will, you can do so without consequence.

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Get Help From an Experienced Wills and Trusts Lawyer Today

When considering contesting a will, the best thing you can do is speak with a knowledgeable wills and trusts attorney. At The Siegel Law Group, P.A., we can help you determine whether you are eligible to contest a will and if doing so is in your best interest.

With over two decades of experience, we have the tools to help you through this challenging process.

Contact us today by phone or through our online contact form to schedule a free case evaluation with a member of our legal team.

Call or text 561-955-8515 or complete a Free Case Evaluation form