Can You Be Sued for Losing a Trust Contest in Florida?
Challenging a loved one’s trust is a serious step, and many people worry about what happens if they lose. A recent Florida appeals court decision shows that, in rare cases, the consequences can go beyond a lost lawsuit. Our Tampa trust litigation attorneys at Bleakley Bavol Denman & Grace help clients understand these risks before they file or defend a trust dispute.
So, can you be sued for losing a trust contest in Florida? Usually, no. However, you can face a separate lawsuit if the original challenge was brought in bad faith.
Background on the Case
In this case, decided by Florida’s Third District Court of Appeal in August 2026, a man, whom we shall call A.G., left estate plans naming a relative, whom we shall call J.L., as his sole living beneficiary, personal representative, and trustee. After A..G. died in 2010, three of his nephews filed several lawsuits. They claimed the plans were invalid because of incapacity and undue influence, and one filing accused J.L. and his mother of conspiring to cause A.G.’s death.
The challenges failed, and the appeals court upheld those results. J.L. then sued A.G.’s nephews for abuse of process and malicious prosecution, and asked the court to let him seek punitive damages.
Why the Court Allowed the Punitive Damages Claim
Florida does not let someone add a punitive damages claim automatically. Under section 768.72 of the Florida Statutes, the person asking must offer evidence that gives a reasonable basis for the claim. Punitive damages are reserved for intentional misconduct or gross negligence, and they must be proven by clear and convincing evidence.
Applying that test, the court looked only at the evidence J.L. offered. It found enough to move forward against two of A.G.’s nephews. J.L. offered evidence that the two swore to court filings without evidence or personal knowledge of the claims. One of the nephews also faced evidence that he made the conspiracy accusations with no proof, while the other admitted knowing he was not a beneficiary and that A.G. had capacity when signing his wills, which conflicted with what he had certified.
Why the Third Nephew Was Treated Differently
The court ruled differently for one of A.G.’s nephews. Although there was evidence that he filed the claims without proof, the court said that alone did not show the intentional misconduct required for punitive damages.
What This Means for Trust Contests
This ruling does not mean every failed trust challenge leads to punitive damages. The lesson is that a trust challenge should be based on real facts. Under Florida law, a trust or any part of it procured by fraud, duress, mistake, or undue influence is void. But you need evidence to show that happened, and claims filed without a factual basis can create new legal problems.
Before filing or defending a trust contest, it’s best to consult an experienced attorney. A skilled Florida trust litigation lawyer can help you assess the evidence, understand the risks, and protect your interests throughout the dispute.
Contact BBDG Law
If you are considering challenging a Florida trust or are defending against a challenge, our Tampa trust litigation attorneys at Bleakley Bavol Denman & Grace can review your situation and explain your options. Contact us today to schedule a consultation.
Source:
scholar.google.com/scholar_case?case=5235129107681426&q=Goldman+v.+Lewin&hl=en&as_sdt=2006
