Contesting a will in Florida is a legal process that allows interested parties—those with a potential legal interest in some part of a deceased person’s (decedent’s) estate—to challenge a will’s validity.
Common reasons someone may contest a will include concerns about the decedent’s mental capacity, undue influence, fraud, or improper execution.
If successful, the court may invalidate the entire will or specific parts, which can significantly affect assets, including business interests like company shares, real estate, and succession plans.
At BrewerLong, we help Florida business owners navigate legal challenges affecting personal and commercial assets. Since 2008, our team has offered trusted counsel and strategic representation to entrepreneurs, investors, and professionals across Central Florida.
Who Can Contest a Will in Florida?
Only certain individuals have the legal right—called standing—to contest a will: interested people or interested parties. Generally, interested parties are individuals with a legal or financial interest in the decedent’s estate and may include:
- Named beneficiaries under the current will,
- Heirs, who inherit under state law if no valid will exists,
- Named beneficiaries under a previous will,
- Creditors with valid debts, and
- Business partners or co-owners with interests affected by commercial property or share distribution.
Standing is a baseline requirement for the court to allow a will contest.
Legal Grounds to Contest a Will
You cannot contest a will simply because you disagree with it. You may contest a will based on one of the following common legal grounds:
- Lack of testamentary capacity—the decedent did not understand the nature or consequences of creating the document;
- Undue influence—someone applies excessive pressure on the decedent to make or change a will for their benefit;
- Fraud or forgery—someone creates a fake will, fakes parts of the will, or causes the decedent to create or change the will based on deception; and
- Improper execution—will does not follow Florida’s legal requirements for signing and witnessing.
The person who challenges the will must prove the facts align with the legal grounds through evidence such as testimony, medical records, and financial documentation.
Contesting a Will in Florida
Contesting a will is a legal proceeding that typically occurs in probate court. Florida has strict procedures and deadlines, so timely action is critical.
If you are an interested party and have standing, you contest a will by:
- Beginning probate or waiting for the proper individual to begin probate and produce the will;
- Filing a formal objection explaining what is wrong with the will with the probate court;
- Gathering evidence with your probate litigation attorney, including documents, witness statements, and expert input;
- Participating in discovery, the legal process of exchanging relevant information and evidence;
- Attend mediation or hearings to attempt resolution;
- If you do not settle, present your case in court; and
- Receive the court’s ruling.
If the court finds the will invalid, it makes it legally ineffectual.
After concluding the offered will is invalid, the court considers whether any valid will exists. Even if the court determines the most recent will is invalid, that does not necessarily mean you revert to a previous will. You may revoke any previous, inconsistent wills by creating a new will.
Whether the court will restore a previous will often depends on the legal claims in the case, particularly whether the decedent knew and intended to create or change their will.
If a previous will exists and the court determines it remains valid, the court may enforce it, resurrecting its terms. Florida law determines how to distribute assets if no previous, valid will exists.
Will Contests and Business Owners
For business owners, will contests can involve more than just family disagreements. They often include:
- Disputes over ownership of business assets,
- Conflicts involving commercial real estate or equipment,
- Challenges to planned succession or control of a family business, and
- Partnership interruptions if the decedent’s interest passes unexpectedly.
These complications can disrupt operations, stall transactions, and otherwise create legal uncertainty.
The Cost of Contesting a Will in Florida
Costs vary based on the nature of the dispute, how long the case takes, and whether it goes to trial. The cost of contesting a will in Florida may include:
- Attorney’s fees,
- Court filing fees,
- Appraiser and similar expert fees, and
- Discovery and document review costs.
Although attorney’s fees may form the bulk of your expenses, legal representation is often critical to saving time and money in the long term, ensuring you make informed decisions, and guiding you through each step of the process.
When to Contact BrewerLong
You should contact an attorney as soon as you suspect a will may be invalid or impact your legal rights. Delays can limit your ability to file a claim or gather evidence.
We can help you:
- Assess whether you have standing and legal grounds,
- Determine the strength of your case,
- Calculate potential risks and costs,
- Protect your interests during court proceedings, and
- Explore settlement opportunities.
Will contests can jeopardize personal inheritances and business legacies. At BrewerLong, we help Florida business owners protect critical business and personal assets. Our team combines deep experience in probate, business law, and litigation to offer practical legal solutions when estate conflicts arise. If you believe a will is invalid or affects your financial future, contact BrewerLong today.
Rate this Post
Loading...