How to Challenge a Will in Florida: Grounds for Contesting an Estate
When a loved one passes away, the distribution of their assets is usually carried out according to their will. However, in some cases, family members or other interested parties may believe the will is invalid or unfair. In Florida, contesting a will is a complex legal process that requires clear legal grounds and sufficient evidence. At Bleakley Bavol Denman & Grace we understand the main reasons a will may be challenged in Florida, who can contest it, and the legal process involved.
Who Can Challenge a Will in Florida?
Under Florida law (Fla. Stat. § 733.109), only an “interested person” has the legal right to challenge a will. This includes:
- Heirs who would inherit under intestacy laws if there were no will.
- Beneficiaries named in a prior will.
- Creditors or individuals with a financial interest in the estate.
If you are not an interested party, you generally do not have standing to contest a will in Florida.
Grounds for Challenging a Will in Florida
1. Lack of Testamentary Capacity
To create a valid will, the testator (the person making the will) must have had the mental capacity to:
- Understand the nature and value of their assets.
- Recognize their heirs and beneficiaries.
- Comprehend that they are making a will and how it will distribute their property.
If the testator suffered from dementia, Alzheimer’s, or another cognitive impairment at the time of signing, the will could be challenged on the grounds of lack of testamentary capacity. Medical records, witness testimony, and expert evaluations can provide evidence in these cases.
2. Undue Influence
Undue influence occurs when someone coerces or manipulates the testator into creating or modifying a will in a way that benefits the influencer. This often happens in cases involving:
- A caregiver or family member who isolates the testator.
- Sudden and unexplained changes in beneficiaries.
- A will that disproportionately favors one person over others.
Florida courts analyze “active procurement,” meaning whether the alleged influencer was involved in preparing, drafting, or executing the will (Estate of Carpenter, 253 So. 2d 697 (Fla. 1971)).
3. Fraud or Forgery
If a will was created based on fraudulent misrepresentations or if the testator was deceived about what they were signing, it can be invalidated. Similarly, if someone forged the testator’s signature or altered the will after it was executed, the court may reject the fraudulent document.
4. Improper Execution
Florida has strict legal requirements for a will to be valid (Fla. Stat. § 732.502):
- The will must be signed by the testator (or someone directed by the testator in their presence).
- The signing must be witnessed by two people who also sign in the presence of the testator and each other.
- The testator must sign the will voluntarily.
If any of these formalities are not followed, the will may be declared invalid.
How to Contest a Will in Florida
1. File a Petition in Probate Court
A will challenge must be filed in the probate court of the county where the deceased resided. The challenge should clearly state the legal grounds for contesting the will.
2. Gather Evidence
Supporting documents such as medical records, past wills, witness testimony, and financial transactions can help prove your case.
3. Attend Mediation or Trial
Many will contests are settled through mediation to avoid lengthy court battles. However, if no agreement is reached, the case proceeds to trial, where a judge decides the will’s validity.
Schedule a Consultation Today
Challenging a will in Florida requires strong legal arguments and substantial evidence. If you suspect a will was created under fraud, undue influence, or mental incapacity, it is important to act quickly. The Tampa Estate Planning attorneys at Bleakley Bavol Denman & Grace help you navigate the complex probate process and protect your rights. Contact us today for a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.109.html
