Contesting an Inheritance in Miami, Florida

When a loved one passes away and their estate plan does not seem right — whether because of a sudden change in the will, suspicious involvement by a third party, or a distribution that contradicts everything the decedent expressed during their lifetime — Florida law allows certain individuals to challenge the validity of a will or trust. Contesting an inheritance is a serious legal step with strict rules about who can file, on what grounds, and within what timeframe.

Who Can Contest an Inheritance in Florida?

Not everyone has the legal right to contest a will or trust in Florida. Standing to contest is limited to interested persons as defined under F.S. § 731.201. This includes:

• Beneficiaries named in the current will or trust who believe they should have received more or that the document is invalid
• Beneficiaries named in a prior will or trust who were reduced or eliminated in the most recent version
• Heirs at law — individuals who would inherit under Florida's intestacy statutes if the will were declared invalid, including surviving spouses, children, and other close relatives
• Creditors of the estate who have a financial interest in the administration

A person who would receive nothing regardless of whether the will is upheld or invalidated generally lacks standing to contest.

Grounds for Contesting an Inheritance

Florida courts will not set aside a will or trust simply because someone is unhappy with the distribution. There must be legally recognized grounds for the challenge. The most common grounds include:

Lack of Testamentary Capacity

Under Florida law, a testator must have been of sound mind at the time they executed their will. This means the testator must have understood the nature and extent of their property, the natural objects of their bounty (their family members and loved ones), and the practical effect of signing the will. If the testator was suffering from dementia, Alzheimer's disease, or other cognitive impairment that prevented them from meeting this standard, the will may be challenged on the basis of lack of testamentary capacity.

Undue Influence

Undue influence occurs when a person in a position of trust and confidence over the testator uses that position to substitute their own wishes for the testator's free will. Florida courts consider several factors, including whether the alleged influencer was a confidant of the testator, whether the testator was isolated from other family members, whether the alleged influencer was involved in procuring the will, and whether the distribution is unnatural or unexpected.

Under F.S. § 733.107, if the contestant establishes that the alleged influencer was in a confidential relationship with the testator and was active in procuring the will, a presumption of undue influence arises and the burden shifts to the proponent of the will to prove that the will was not the product of undue influence.

Fraud

A will may be contested if the testator was induced to sign it through fraud. This can include misrepresenting the contents of the document, lying about the character or conduct of a beneficiary to cause the testator to change the distribution, or tricking the testator into signing a will when they believed they were signing a different document.

Improper Execution

Florida Statutes § 732.502 sets forth the formal requirements for a valid will. The will must be in writing, signed by the testator or by someone at the testator's direction and in their presence, and signed by two attesting witnesses in the presence of the testator and each other. If these requirements were not met, the will is void.

Revocation

A will may also be challenged on the ground that it was revoked by the testator before death. Under F.S. § 732.506, a will may be revoked by a subsequent will or codicil, or by a physical act such as burning, tearing, canceling, defacing, or destroying the will with the intent to revoke it.

Will Contests vs. Trust Contests

In Florida, the process for challenging a will differs from the process for challenging a trust.

Will contests are filed in the probate division of the circuit court and are governed by the Florida Probate Code (F.S. Chapters 731–735) and the Florida Probate Rules. The contest is typically initiated by filing a petition or objection after the will is admitted to probate. The proceedings are part of the public probate case.

Trust contests are governed by the Florida Trust Code (F.S. Chapter 736). Because trusts are not administered through probate, a trust contest is filed as a separate civil action. Under F.S. § 736.0604, a beneficiary who receives notice of a revocable trust generally has six months to contest the trust's validity after receiving the required notice, or the right to contest is barred.

In many cases, a decedent may have both a will and a trust, and both documents may need to be challenged. The legal strategy must account for the different procedures and deadlines applicable to each.

Timeline for Contesting an Inheritance in Florida

Timing is critical in an inheritance contest. Florida imposes strict deadlines that can permanently bar a claim if missed:

• Will contest deadline. After a will is admitted to probate and the notice of administration is served on interested persons, those persons generally have 20 days (if served formally) or 3 months (if served by publication or informally) to file objections. Once this window closes, the right to contest the will is typically lost.
• Trust contest deadline. Under F.S. § 736.0604, a person who receives notice of a trust has six months from the date they received the notice or a copy of the trust to contest it. After six months, the contest is barred regardless of the grounds.
• Statute of limitations for fraud. Claims based on fraud are generally subject to a four-year statute of limitations under F.S. § 95.11, but probate-specific deadlines may apply and can shorten this period.

Because these deadlines are short and strictly enforced, it is essential to consult an attorney as soon as you suspect there may be grounds to contest.

The Contest Process in Miami-Dade Probate Court

Inheritance contests in Miami-Dade County are heard in the Probate Division of the Eleventh Judicial Circuit Court, located in downtown Miami. The general process includes:

1. Filing the contest. The contestant files a petition or formal objection to the will, identifying the grounds for the challenge and the relief sought.
2. Response and discovery. The proponent of the will (typically the personal representative) responds, and both sides engage in discovery, which may include depositions of witnesses, requests for medical records, and examination of the decedent's financial records.
3. Mediation. Miami-Dade probate courts frequently refer contested matters to mediation. The court may order mediation before the case can be set for trial.
4. Trial. If mediation does not resolve the dispute, the case proceeds to a bench trial (trial before a judge, without a jury). In Florida, will contests are tried by the judge, not a jury, unless the right to a jury trial is properly demanded on specific factual issues.
5. Judgment and appeal. The court enters a judgment either upholding or invalidating the will. The losing party may appeal to the Third District Court of Appeal.

Costs of Contesting an Inheritance

Contesting an inheritance in Florida can involve significant costs, including:

• Attorney's fees. Probate litigation attorneys may charge hourly rates, flat fees for specific stages, or in some cases work on a contingency basis depending on the nature and value of the case.
• Expert witnesses. Cases involving testamentary capacity often require testimony from medical experts, forensic accountants, or handwriting analysts.
• Court costs and filing fees. Standard court filing fees apply, along with costs for depositions, transcripts, and service of process.
• Mediation fees. If mediation is required, both parties typically share the cost of the mediator.

Under Florida law, a successful contestant may be able to recover attorney's fees from the estate in certain circumstances, particularly if the litigation was necessary to protect the estate or enforce the decedent's true intent. However, fee recovery is not guaranteed and depends on the specific facts of the case.

No-Contest Clauses in Florida

Unlike some other states, Florida does not enforce no-contest clauses (also known as in terrorem clauses) in wills or trusts. Under F.S. § 736.1108, a provision in a trust that purports to penalize a beneficiary for contesting the trust is unenforceable. Similarly, Florida courts have consistently held that no-contest clauses in wills are void as against public policy. This means that a beneficiary in Florida can contest a will or trust without the risk of losing their inheritance simply for bringing the challenge.

Contact a Florida Inheritance Contest Attorney

Contesting an inheritance requires prompt action, thorough preparation, and a clear understanding of Florida probate law. Whether you believe a will or trust was the product of undue influence, fraud, or incapacity, or whether you need to defend an estate plan against such a challenge, the attorneys at Law Offices of Albert Goodwin, PA can provide the experienced representation you need.

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.