Losing a loved one is difficult, and handling their estate can bring even more stress when questions about the will come up. In Florida, certain situations give you the right to contest a will. Understanding these scenarios helps protect your rights and ensures the decedent’s true wishes are honored.
Lack of mental capacity
A will becomes invalid if the person who made it (the testator) lacked the mental ability to understand what they signed. The testator must know the nature of their assets, the people who would normally inherit, and the effect of creating the will. If illness, medication, or cognitive decline blocked a clear understanding at the time of signing, you may have grounds to challenge the will.
Undue influence
Florida law lets you challenge a will if someone used undue influence to create it. Undue influence happens when a person pressures or manipulates the testator into leaving assets in a way they would not have otherwise chosen. Often, a person in a position of trust—such as a caregiver or relative—pressures the testator for personal gain.
Fraud or forgery
A will does not hold up if someone obtained it through lies, deception, or a forged signature. This may involve false statements about family members, assets, or other important facts that caused the testator to change their wishes.
Improper execution
State law requires specific steps to create a valid will. The testator must put it in writing, sign it, and have two witnesses sign it in each other’s presence. Skipping any of these steps makes the will unenforceable.
Moving forward with confidence
You should act quickly if you believe the will contains problems. State law generally gives you only 90 days from receiving a Notice of Administration to file your challenge. Acting promptly helps you protect your rights and build the strongest case possible.
Protecting the legacy
A contested will can bring tension, but addressing legitimate concerns preserves fairness and respects the wishes of the person who passed away. By speaking up when necessary, you help ensure their legacy reflects what they truly intended.