Contesting a Will in Florida

Contesting a will in Florida is a serious legal action that challenges the validity of a deceased person's last will and testament. Florida courts begin with the presumption that a properly executed will reflects the true wishes of the testator. However, there are circumstances where a will may have been the product of undue influence, fraud, or impaired mental capacity. If you believe a loved one's will does not reflect their genuine intent, you may have grounds to contest it in Miami-Dade County or elsewhere in Florida.

Who Has Standing to Contest a Will in Florida?

Not everyone can challenge a will in Florida. Under Florida law, only an "interested person" has standing to file a will contest. Florida Statutes Section 731.201(23) defines an interested person as anyone who may reasonably be expected to be affected by the outcome of the probate proceeding. This typically includes:

• Beneficiaries named in the current will who believe they were entitled to a larger share;
• Beneficiaries named in a prior will who were reduced or eliminated in the contested will;
• Intestate heirs — individuals who would inherit under Florida's intestacy laws if the will were declared invalid;
• Creditors of the estate in certain limited circumstances; and
• The personal representative of the estate.

A person who is neither a beneficiary under any version of the will nor an intestate heir generally lacks standing to bring a will contest. Courts in Miami-Dade County and throughout Florida strictly enforce standing requirements, and a challenge filed by someone without standing will be dismissed.

Deadline to Contest a Will in Florida

Florida imposes strict time limits on will contests. Under Florida Statutes Section 733.212, after a will is admitted to probate, the personal representative must serve a Notice of Administration on all known or reasonably ascertainable interested persons. This notice informs beneficiaries and heirs that the will has been admitted and that they have a limited time to object.

An interested person who has been properly served with the Notice of Administration generally has 20 days from the date of service to file a petition to revoke the probate of the will or to contest its validity. If you were not properly served, the deadline may be extended, but you should not rely on this exception without consulting an attorney. Failing to act within the statutory deadline typically results in the permanent loss of your right to challenge the will.

Under F.S. Section 733.2123, if an interested person has not been served, they may have up to the earlier of the entry of an order of discharge or three years after the filing of the Notice of Administration to file a challenge. However, waiting is risky, and prompt action is always advisable.

Grounds for Contesting a Will in Florida

Florida law recognizes several grounds on which a will may be contested. Each requires specific evidence, and the burden of proof varies depending on the ground asserted.

1. Lack of Testamentary Capacity

Under Florida law, a testator must have testamentary capacity at the time the will is executed. This means the testator must understand:

• The nature and extent of their property;
• The natural objects of their bounty (i.e., who their family members and loved ones are);
• The nature of the testamentary act (that they are making a will); and
• How these elements relate to one another to form an orderly plan of disposition.

Capacity is measured at the moment the will is signed. A person with dementia, Alzheimer's disease, or other cognitive impairment may still have a "lucid interval" during which they possess testamentary capacity. Conversely, a person who generally appears competent may lack capacity at the specific time of signing. Medical records, testimony from treating physicians, and statements from witnesses who interacted with the testator around the time of execution are critical evidence in capacity challenges.

2. Undue Influence

Undue influence is the most frequently alleged ground for will contests in Florida. It occurs when a person in a position of trust or confidence over the testator uses that position to substitute their own wishes for those of the testator. Under Florida law, undue influence sufficient to void a will must amount to "over-persuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that the free agency of the testator is destroyed."

Florida Statutes Section 733.107 establishes a burden-shifting framework for undue influence claims. The contestant initially bears the burden of establishing that a presumption of undue influence applies. This presumption arises when the contestant shows that:

• The alleged influencer was a substantial beneficiary under the will;
• The alleged influencer had a confidential relationship with the testator; and
• The alleged influencer was active in procuring the will (for example, by selecting the attorney, being present at the signing, or providing instructions to the drafting attorney).

Once the presumption is established, the burden shifts to the proponent of the will to prove by a preponderance of the evidence that the will was not the product of undue influence.

3. Fraud

A will may be contested on the ground that the testator was induced to sign it through fraud. Fraud in the execution occurs when the testator is deceived about the nature of the document — for example, being told they are signing a power of attorney when they are actually signing a will. Fraud in the inducement occurs when the testator is deceived about facts that influence the contents of the will, such as being told falsely that a child has died or has committed some wrongful act.

4. Improper Execution

Florida Statutes Section 732.502 establishes strict requirements for the execution of a valid will. The will must be in writing, signed by the testator (or by another person at the testator's direction and in their presence), and attested by at least two witnesses who sign in the presence of the testator and each other. A will that fails to meet any of these requirements is invalid. Common execution defects include missing witness signatures, witnesses who did not actually observe the testator sign, and wills that were signed at different times or locations by the testator and the witnesses.

5. Revocation

A will contest may also be based on the argument that the testator revoked the will before death. Under F.S. Section 732.506, a will may be revoked by executing a later will or codicil that expressly revokes it, or by a physical act such as burning, tearing, canceling, defacing, or obliterating the will with the intent to revoke it. If a prior will that was more favorable to the contestant can be shown to have been the testator's final valid will, the later will may be denied probate.

The Will Contest Process in Florida

A will contest in Florida proceeds through the probate court. The contestant files a petition in the circuit court of the county where the decedent was domiciled — for Miami residents, this is the Probate Division of the Eleventh Judicial Circuit Court in Miami-Dade County. The petition must identify the specific grounds for the contest and the relief sought.

After the petition is filed, discovery begins. Both sides exchange documents, take depositions, and retain expert witnesses as needed. Will contests often involve testimony from the drafting attorney, the attesting witnesses, caregivers, medical professionals, and family members. If the case is not settled, it proceeds to a bench trial or jury trial. In Florida, either party to a will contest has the right to a jury trial on the factual issues.

Burden of Proof in Florida Will Contests

The burden of proof depends on the ground for the contest:

• Lack of capacity: The contestant bears the burden of proving the testator lacked capacity. However, if the contestant presents evidence of lack of capacity, the proponent must come forward with evidence of capacity.
• Undue influence: As described above, F.S. Section 733.107 creates a burden-shifting framework. The contestant must first raise the presumption; then the proponent must rebut it.
• Fraud: The contestant bears the burden of proving fraud by a preponderance of the evidence.
• Improper execution: The proponent of the will bears the burden of proving that it was properly executed in accordance with F.S. Section 732.502.

Remedies in a Successful Will Contest

If the court finds the contested will invalid, the result depends on whether there is a prior valid will. If a prior will exists and is admitted to probate, the estate is distributed according to that earlier will. If no prior will exists, the estate passes under Florida's intestacy statutes (F.S. Chapter 732, Part I), which distribute assets to the surviving spouse, children, and other relatives according to a statutory formula.

In some cases, only a portion of the will is contested — for example, a specific bequest alleged to have resulted from undue influence. If the court invalidates only that provision, the remainder of the will may still be given effect.

Contact a Miami Will Contest Attorney

Contesting a will requires prompt action, thorough investigation, and skilled litigation. The attorneys at the Law Offices of Albert Goodwin, PA represent clients in will contests throughout Miami-Dade County, Coral Gables, and South Florida. Whether you believe a loved one's will was the product of undue influence, fraud, or lack of capacity, we can evaluate your case and advise you on the best course of action.

Call us at 786-522-1411 or email [email protected] to schedule a consultation. Our office is located at 121 Alhambra Plz #1000, Coral Gables, FL 33134.