Who Has the Right To Challenge a Will in Florida? Key Lessons from a 2026 Probate Case

Disputes over wills can become complicated quickly, especially when there are questions about who actually has the right to contest one. A recent case in Florida’s appellate court shows how tricky these situations can be. At Bleakley Bavol Denman & Grace, we help people navigate these probate battles and determine whether they even have standing to defend their interests.

Case Background

In Frank v. Conlan (2026), a son challenged his mother’s December 2022 will shortly after her passing. The estate plan was somewhat complex. Earlier in 2022, the decedent had created a plan that left 75% of her assets to her son and 25% to her siblings through a trust.

But things changed later. After renegotiating a financial agreement with her ex-husband, the decedent moved her assets into a holding company and made a new will just two days before she died. This new will kept the 75/25 split among his son and siblings, but used a different structure.

The son challenged the will, arguing that his mother lacked testamentary capacity due to a serious health decline. On the other hand, the siblings argued that the son should not even be allowed to bring the challenge.

The Key Issue: Standing and “Interested Person” Status

The big question in the case was whether the son had “standing,” which is the legal right to challenge the will. In Florida, only an “interested person” can do that. That means you have to show that the outcome of the case could reasonably affect you.

The probate court initially ruled against the son, finding that he lacked standing because he would not benefit from overturning the newer will. However, the appeals court disagreed.

Why the Court Determined the Son Had Standing

The appeals judges said that standing isn’t just about whether you’ll end up with more money. What matters is whether you could be affected in any meaningful way by the outcome. In this case, the son argued that if the newer will was invalidated, the earlier will would apply. Because the estate structure had changed, this could result in him being treated differently, potentially as a creditor rather than a direct beneficiary. This change could have financial and tax consequences.

That potential change was enough for the court. The son did not need to prove exactly how much he would gain or lose. He only had to show that the outcome could affect him. The court ruled that the son qualified as an “interested person” under Florida law because his position would change depending on which will controlled the estate.

With that, the appellate court reversed the original ruling and allowed the case to go forward. The judges also made it clear: just because a will is properly signed and witnessed, that doesn’t mean the end of the story. The question of testamentary capacity still had to be answered at trial.

Florida law treats valid signing and mental capacity as two separate issues. Someone can sign all the right papers, but if they weren’t of sound mind, their will can be thrown out.

Contact BBDG Law

If you’re involved in a probate dispute or need legal guidance on standing in Florida probate cases, contact our experienced Tampa probate attorneys at Bleakly Bavol Denman & Grace today to ensure your rights are protected.

Source:

scholar.google.com/scholar_case?case=17597301160791960341&q=probate+code&hl=en&as_sdt=4,10,325,326,327&as_ylo=2026