Defending a Contested Will in Miami, Florida

When a will is contested in Florida, the personal representative and the beneficiaries who stand to inherit under the will have a strong interest in defending its validity. Florida law provides significant protections for properly executed wills, beginning with the presumption that a will admitted to probate is valid. Defending a will contest requires a strategic approach grounded in Florida's probate statutes and supported by persuasive evidence.

The Presumption of Validity

Florida courts begin every will contest with a critical legal presumption: a will that has been admitted to probate is presumed valid. This means the person challenging the will — the contestant — bears the initial burden of coming forward with evidence sufficient to overcome that presumption. The proponent of the will (typically the personal representative or a named beneficiary) does not need to prove the will is valid unless and until the contestant meets their initial burden.

This presumption is particularly strong when the will was executed with a self-proving affidavit under Florida Statutes Section 732.503. A self-proving affidavit is a sworn statement signed by the testator and the attesting witnesses before a notary public, confirming that the will was executed in compliance with all statutory requirements. When a self-proving affidavit accompanies the will, the signatures of the witnesses are accepted without the need for live testimony, and the court may admit the will to probate without further proof of execution.

Who Defends a Contested Will?

In Florida, the personal representative named in the will has a fiduciary duty to the estate and its beneficiaries. This duty generally includes defending the will against challenges. The personal representative may retain counsel for the estate to defend the contest, and the reasonable attorney's fees and costs of that defense are typically paid from estate assets.

Individual beneficiaries who would lose their inheritance if the will were invalidated also have standing to intervene in the contest and defend the will. In complex cases, both the personal representative and individual beneficiaries may retain separate attorneys to ensure their respective interests are protected.

Strategies for Defending Against Common Grounds for Contest

Defending Against Lack of Testamentary Capacity Claims

When a contestant alleges that the testator lacked testamentary capacity, the defense should focus on demonstrating that the testator met the legal standard for capacity at the time the will was signed. Key evidence includes:

• Testimony of the drafting attorney: The attorney who prepared the will is often the most important witness. An experienced estate planning attorney will have assessed the testator's capacity before allowing the will to be executed, and their testimony about the testator's understanding and awareness is given significant weight by Florida courts.
• Testimony of the attesting witnesses: The two witnesses required under F.S. Section 732.502 can testify about the testator's demeanor, coherence, and apparent understanding at the signing ceremony.
• Medical records: Records from the testator's physicians around the date of execution can show cognitive function. If the testator's doctor found no signs of dementia or confusion, this supports the defense.
• Evidence of lucid intervals: Even a testator who suffered from cognitive decline may have had periods of clarity. Florida law recognizes that a person with dementia can still execute a valid will during a lucid interval.
• The testator's other contemporaneous activities: If the testator was managing finances, making business decisions, or engaging in other complex activities around the time the will was signed, this supports a finding of capacity.

Defending Against Undue Influence Claims

Undue influence is the most common ground for will contests in Florida. Under Florida Statutes Section 733.107, the contestant may raise a presumption of undue influence by showing that the alleged influencer had a confidential relationship with the testator, was a substantial beneficiary, and was active in procuring the will. The defense strategy depends on whether the contestant can establish this presumption.

If the presumption has not been established, the defense can argue that the contestant has failed to meet their burden and that the case should be dismissed. If the presumption has been raised, the proponent must rebut it by a preponderance of the evidence. Effective rebuttal evidence includes:

• Independent selection of the attorney: Showing that the testator independently chose their own estate planning attorney, without involvement from the alleged influencer, undermines the "active procurement" element.
• The testator's consistent testamentary intent: If the testator had expressed the same wishes in prior wills or in conversations with family and friends, this suggests the will reflected genuine intent rather than external pressure.
• Absence of isolation: Undue influence often involves isolating the testator from other family members. Evidence that the testator maintained regular contact with a wide circle of family and friends weakens the influence claim.
• The testator's strong personality: Evidence that the testator was independent, strong-willed, and not easily manipulated can rebut an allegation of undue influence.
• Reasonable estate plan: A will that distributes assets in a manner consistent with the testator's known relationships and values is more difficult to characterize as the product of undue influence than a plan that makes an unexplained, dramatic departure from prior dispositions.

Defending Against Fraud Claims

Fraud claims require the contestant to prove that the testator was intentionally deceived. The defense can challenge fraud allegations by demonstrating that the testator understood the contents of the will, reviewed it before signing, and had the opportunity to ask questions of the drafting attorney. Testimony from the attorney about the execution process and any discussions with the testator is particularly valuable in rebutting fraud claims.

Defending Against Improper Execution Claims

If the contestant alleges that the will was not properly executed under F.S. Section 732.502, the defense must establish that the statutory formalities were followed. A self-proving affidavit creates a strong presumption of proper execution. In addition, testimony from the attesting witnesses and the supervising attorney can confirm that the testator signed the will in the presence of two witnesses, and that the witnesses signed in the presence of the testator and each other.

No-Contest Clauses in Florida

Some testators include a "no-contest clause" (also called an "in terrorem clause") in their will, which provides that any beneficiary who contests the will forfeits their inheritance. However, Florida law treats these clauses differently than many other states.

Under Florida Statutes Section 732.517, a no-contest clause is unenforceable in Florida. This statute provides that a provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable. This means that in Florida, a beneficiary can contest a will without fear of losing their bequest under the will if the contest is unsuccessful.

While no-contest clauses cannot be used as a defense mechanism in Florida, understanding this rule is important for the defense strategy. Proponents of the will cannot rely on a no-contest clause to deter challenges and must instead be prepared to defend the will on its merits.

Procedural Defenses

In addition to defending the will on the merits, the proponent may raise procedural defenses that can result in dismissal of the contest:

• Lack of standing: The contestant must be an "interested person" under F.S. Section 731.201(23). If the contestant would not benefit from the will being invalidated, the proponent can move to dismiss for lack of standing.
• Statute of limitations: Under F.S. Section 733.212, interested persons who are properly served with the Notice of Administration generally have only 20 days to file a challenge. If the contestant missed this deadline, the defense can seek dismissal on timeliness grounds.
• Failure to state a claim: The contestant's petition must identify valid legal grounds for the contest. Vague allegations of unfairness or dissatisfaction with the distribution are not sufficient grounds under Florida law.

Settlement and Mediation

Not every will contest must go to trial. In many cases, the parties can reach a settlement that preserves the estate's value and avoids the expense and emotional toll of prolonged litigation. Florida courts encourage mediation in probate disputes, and many will contests are resolved through negotiated agreements that modify the distribution of assets. A skilled defense attorney can evaluate whether settlement is in the best interest of the estate and its beneficiaries.

Contact a Florida Will Contest Defense Attorney

If you are a personal representative or beneficiary facing a will contest in Florida, the attorneys at the Law Offices of Albert Goodwin, PA can help you build a strong defense. We represent executors and beneficiaries in will contest litigation throughout Miami-Dade County, Coral Gables, and South Florida.

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.