A will is meant to be a person’s final word on how their estate should be administered. When something about a will feels wrong, Florida law allows families to formally challenge it during probate. Understanding the valid grounds to contest a will can help your family decide whether a claim is worth pursuing.
Lack of testamentary capacity
Florida law requires that the person creating a will must possess sufficient mental capacity at the time of signing. This means the person must understand what a will does, what assets they own and who their family members are. If your loved one lacked this mental clarity, a court may declare the will invalid.
Undue influence
Undue influence occurs when someone manipulates or coerces the testator into changing their will. This often involves a caregiver, family member or close friend who exploits a position of trust and authority. Common indicators include sudden changes to the will or disproportionate benefits to one individual. This is one of the most common grounds for contesting a will contest in Florida.
Fraud or forgery
A will obtained through deception is not valid under Florida law. Fraud happens when someone tricks the testator regarding the contents of the will or the nature of what they are signing. Forgery involves creating a fake signature or fabricating the entire document. In such cases, handwriting analysis and witness testimony can help substantiate these claims.
Improper execution
Florida imposes strict requirements for executing a valid will. The testator must sign the will in front of two witnesses. Those witnesses must then sign the will in the presence of the testator and of each other. Failure to follow these steps can render the will unenforceable.
Revocation
A testator can revoke an existing will at any point before their death. Revocation can happen by destroying the will, writing a new one or incorporating a written clause that cancels the original. When a newer valid will exists, the earlier version loses its legal validity.
Honoring your loved one
Florida law allows interested parties to file a will contest within three months of receiving a Notice of Administration. Failing to act within that window may result in losing the right to challenge the will entirely. Taking action within that time can help ensure your loved one’s true wishes are honored.