Will Contests in Florida

A will contest is a legal proceeding in which an interested party challenges the validity of a decedent's last will and testament. In Florida, will contests are heard in probate court and can result in a will being declared partially or entirely invalid. When a will is successfully contested, the court may enforce a prior valid will or, if no prior will exists, distribute the estate according to Florida's intestacy laws. The Law Offices of Albert Goodwin, PA represents clients in estate litigation matters throughout Miami and the state of Florida, including will contests, undue influence claims, and disputes over probate proceedings.

What Is a Will Contest?

A will contest is a formal objection filed in probate court that challenges whether a will should be admitted to probate. The contestant argues that the document presented as the decedent's last will does not reflect the decedent's true intentions or was not executed in accordance with Florida law. Will contests are adversarial proceedings governed by the Florida Probate Code, primarily found in Chapters 731 through 735 of the Florida Statutes. Unlike informal disagreements among beneficiaries, a will contest is a lawsuit that requires the filing of a formal petition and results in a judicial determination of the will's validity.

Who Can Contest a Will in Florida?

Not just anyone can contest a will. Under Florida Statutes Section 733.109, only an "interested person" has standing to file a will contest. An interested person is someone whose legal rights or financial interests would be directly affected by the outcome of the proceeding. This typically includes:

• Beneficiaries named in a prior will who were removed or received a reduced share in the contested will
• Heirs at law (those who would inherit under Florida intestacy statutes if the will were declared invalid)
• The personal representative named in a prior will
• Creditors of the estate who may be affected by the will's provisions
• Beneficiaries named in the contested will who believe the will does not reflect the decedent's true intent

A person who is neither named in any will nor an heir at law generally lacks standing to contest. The requirement of standing ensures that only those with a genuine stake in the outcome can bring a will contest, preventing frivolous challenges from strangers to the estate.

Grounds for Contesting a Will in Florida

Florida law recognizes several legal grounds on which a will may be contested. A successful will contest must establish at least one of the following:

Lack of Testamentary Capacity

The testator (the person who made the will) must have had sufficient mental capacity at the time the will was executed. Under Florida law, testamentary capacity requires that the testator understood the nature and extent of their property, knew who their natural beneficiaries were (such as a spouse, children, and other close relatives), understood the legal effect of signing a will, and could form an orderly plan for distributing their assets. A person suffering from dementia, Alzheimer's disease, or other cognitive impairments at the time of execution may have lacked the required capacity. However, the legal standard for testamentary capacity is relatively low — a person may have periods of lucidity during which they can validly execute a will even if they suffer from a general mental decline.

Undue Influence

Undue influence occurs when a person in a position of trust or authority over the testator uses that relationship to manipulate the testator into making a will that benefits the influencer rather than reflecting the testator's own wishes. Florida courts look at several factors when evaluating undue influence claims, including whether the alleged influencer had a confidential relationship with the testator, whether the testator was susceptible to influence due to illness or dependency, whether the influencer was active in procuring the will, and whether the will's provisions represent a substantial departure from what the testator would have otherwise intended. Under Florida Statutes Section 733.107, a presumption of undue influence may arise when the contestant establishes that the alleged influencer had a confidential relationship with the testator, was active in procuring the will, and received a substantial benefit under it.

Improper Execution

Florida Statutes Section 732.502 sets forth specific requirements for a valid will. The will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's direction), and signed in the presence of at least two attesting witnesses. The testator must sign the will in the presence of the witnesses, and the witnesses must sign in the presence of the testator and in the presence of each other. Failure to comply with any of these formalities can render the will invalid. Common execution defects include missing witness signatures, witnesses who were not present at the same time, or a will signed by someone other than the testator without proper authorization.

Fraud

A will may be contested on the ground that it was procured by fraud. This can take two forms: fraud in the inducement, where the testator was deceived about facts that influenced the will's terms (for example, being told falsely that a child had died), and fraud in the execution, where the testator was tricked into signing a document they did not know was a will. In either case, the contestant must show that the fraudulent act directly caused the testator to make provisions they would not have otherwise made.

Duress

Duress involves the use of threats, coercion, or physical force to compel the testator to execute a will against their free will. A will executed under duress does not represent the voluntary act of the testator and may be declared invalid. This ground often overlaps with undue influence but involves more overt coercive conduct.

Revocation

A will contest may also assert that the will being offered for probate was previously revoked by the testator. Under Florida Statutes Section 732.506, a will may be revoked by a subsequent will or codicil, or by a physical act such as burning, tearing, canceling, defacing, obliterating, or destroying the will with the intent to revoke it. If the contestant can demonstrate that the testator revoked the will before death, the revoked will cannot be admitted to probate.

Time Limits for Filing a Will Contest

Florida law imposes strict deadlines for filing a will contest. 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. An interested person generally has 20 days from the date of service of the Notice of Administration to file a petition to revoke the will, or 3 months from the date of service if the person was not properly served. Additionally, under Florida Statutes Section 733.2123, any interested person may file a caveat with the court before a will is admitted to probate, which requires the court to provide notice before admitting the will. Missing the filing deadline can permanently bar a will contest, so it is critical to consult with an attorney as soon as possible if you believe a will should be challenged.

The Will Contest Process in Florida Probate Court

A will contest in Florida proceeds through several stages. First, the contestant files a formal petition or complaint in the probate court of the county where the decedent resided at the time of death. The petition must identify the specific grounds on which the will is being challenged and include supporting facts. The proponent of the will (typically the personal representative or a beneficiary) then has the opportunity to respond.

Discovery follows, during which both sides gather evidence. This may include depositions of the attesting witnesses, the drafting attorney, caregivers, family members, and others with knowledge of the testator's mental state and circumstances surrounding the will's execution. Medical records, financial documents, and prior estate planning documents are commonly sought in discovery. Expert testimony from physicians, psychologists, or forensic document examiners may also be obtained.

Many will contests are resolved through mediation or settlement before reaching trial. Florida courts often encourage or require mediation in estate litigation matters. If the case does not settle, it proceeds to a bench trial (a trial before a judge without a jury), where the court hears evidence and renders a decision on the will's validity.

Burden of Proof

In Florida, the proponent of the will initially bears the burden of establishing that the will was properly executed in accordance with Florida Statutes Section 732.502. Once the proponent presents prima facie evidence of due execution — typically through a self-proving affidavit attached to the will or the testimony of the attesting witnesses — the burden shifts to the contestant to prove the grounds for invalidity by a preponderance of the evidence. In cases involving undue influence, if the contestant establishes the elements giving rise to a presumption of undue influence under Section 733.107, the burden shifts to the will's proponent to prove that the will was not the product of undue influence.

No-Contest Clauses (In Terrorem Clauses) in Florida

Some testators include no-contest clauses, also known as in terrorem clauses, in their wills. These provisions state that any beneficiary who contests the will forfeits their inheritance. However, Florida takes a notable approach to these clauses. Under Florida Statutes Section 732.517, no-contest clauses are unenforceable in Florida. The 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 beneficiaries in Florida can challenge a will without risk of losing their inheritance under the will if the contest is unsuccessful. This legislative choice reflects Florida's public policy of ensuring that wills admitted to probate are genuinely valid and that interested parties are not deterred from raising legitimate challenges.

How to Win or Defend a Will Contest

Whether you are contesting a will or defending one, the outcome depends on the strength of the evidence and the skill of your legal representation.

Strategies for Contesting a Will

• Act quickly. Given the strict time limits, consult an attorney immediately upon learning that a will has been or will be admitted to probate.
• Gather evidence early. Obtain the testator's medical records, prior wills and estate planning documents, and any communications that shed light on the testator's mental state or relationships with potential influencers.
• Identify witnesses. Caregivers, neighbors, friends, and family members who observed the testator around the time of the will's execution can provide critical testimony about capacity and influence.
• Retain expert witnesses. Medical experts can testify about the testator's cognitive condition, and forensic document examiners can evaluate the authenticity of signatures or detect alterations.

Strategies for Defending a Will

• Demonstrate proper execution. A self-proving affidavit and testimony from the attesting witnesses and drafting attorney can establish that the will was executed in full compliance with Florida law.
• Show the testator's capacity. Evidence that the testator was lucid, engaged in daily activities, and understood their estate plan can counter claims of incapacity.
• Rebut undue influence. Demonstrating that the testator acted independently, consulted with their own attorney, and had rational reasons for the will's provisions can defeat an undue influence claim.
• Challenge standing. If the contestant does not qualify as an interested person under Section 733.109, a motion to dismiss may resolve the case early.

Contact a Florida Will Contest Attorney

Will contests involve complex legal issues and tight deadlines. Whether you need to challenge a will that you believe is invalid or defend a will against a contest, the Law Offices of Albert Goodwin, PA can help. Our firm handles estate litigation, probate, undue influence, and trust litigation matters throughout Florida. We understand the emotional and financial stakes involved and work diligently to protect our clients' rights and interests.

If you have questions about contesting a will or defending against a will contest in Florida, contact the Law Offices of Albert Goodwin, PA at 786-522-1411 or email us at [email protected]. We offer consultations to evaluate your case and advise you on the best path forward.