When a loved one dies and a Will appears that seems inconsistent with everything the family previously understood, questions naturally arise.

Perhaps one child unexpectedly receives nearly the entire estate. Maybe a caregiver was added shortly before death. The person signing the Will may have been experiencing dementia or serious illness. Or an older Will may have been replaced under suspicious circumstances.

Florida law allows a Will to be challenged when legally recognized grounds exist.

But simply believing a Will is unfair—or being disappointed with an inheritance—is not enough.

A Florida Will contest is probate litigation. The person challenging the Will must have standing, act within the applicable deadline, and ultimately present evidence supporting a recognized legal basis for invalidating the Will or part of it.

This guide explains how to contest a Will in Florida, who can file a challenge, the most common grounds, applicable deadlines, evidence commonly used, and what happens if a challenge succeeds.

Can You Contest a Will in Florida?

Yes.

Florida law allows an interested person to challenge the validity of a Will under appropriate circumstances.

Potential challenges may involve:

• Undue influence

• Lack of testamentary capacity

• Fraud

• Duress

• Mistake

• Improper execution

• Forgery

• Improper revocation

• Discovery of a later valid Will

Florida Statute § 732.5165 specifically provides that a Will—or part of a Will—may be void when its execution was procured by fraud, duress, mistake, or undue influence.

But a surprising result is not automatically an invalid result.

A parent generally may favor one adult child over another. Someone may leave money to a friend, caregiver, charity, or other beneficiary instead of relatives.

The legal question is not simply:

“Is this Will unfair?”

The question is:

“Is there a legally recognized reason the Will should not be enforced?”

For a broader overview of contested estate matters, visit our Florida Probate Litigation Attorneys page.

Who Can Contest a Will in Florida?

Not everyone has the legal right to challenge a Will.

Florida Probate Code § 731.201 defines an interested person generally as someone who may reasonably be expected to be affected by the outcome of the particular proceeding.

Depending on the circumstances, that may include:

• A beneficiary under the challenged Will

• A beneficiary under an earlier Will

• An heir who would inherit if no valid Will controlled

• A surviving spouse

• Another person whose legal interest would be affected by whether the challenged Will is valid

Florida Statute § 733.109 expressly recognizes that an interested person, including a beneficiary under a prior Will, may bring a proceeding seeking revocation of probate if not otherwise barred.

Standing is highly fact-specific.

Being related to the decedent does not necessarily mean you have standing, and being omitted from a Will does not automatically give you the right to challenge it.

For a more detailed discussion, read Do I Have Standing to Contest a Will or Trust in Florida?.

What Are the Grounds for Contesting a Will in Florida?

Florida probate attorney explaining will contest process to client.

1. A successful Will contest needs more than suspicion.

   The challenge generally must be based on a recognized legal ground.

   1. Undue Influence

   Undue influence is one of the most common allegations in Florida Will contests.

   A dispute may arise when someone in a position of trust becomes heavily involved in creating an estate plan from which that same person substantially benefits.

   Potential warning signs include:

   • A beneficiary isolating the decedent from family

   • A beneficiary selecting or contacting the estate planning lawyer

   • A beneficiary transporting the decedent to appointments

   • A beneficiary providing instructions concerning the Will

   • A dramatic late-life change in beneficiaries

   • A caregiver suddenly receiving a substantial inheritance

   • A beneficiary arranging witnesses

   • A beneficiary keeping possession of the new Will

   • Increased dependency on the person who benefits

   No single fact automatically proves undue influence.

   The entire relationship and the circumstances surrounding execution matter.

   Florida Statute § 733.107 also addresses the presumption of undue influence and the allocation of the burden of proof in Will contests.

   For a deeper analysis, see Broward County Probate Litigation: Understanding Undue Influence in Will Contests.

   2. Lack of Testamentary Capacity

   Florida Statute § 732.501 requires a person making a Will to be of sound mind.

   A Will may therefore be challenged if the testator lacked the legally required testamentary capacity when the Will was executed.

   These cases frequently involve:

   • Dementia

   • Alzheimer's disease

   • Cognitive decline

   • Delirium

   • Severe illness

   • Medication effects

   • Neurological disease

   • Significant confusion near the time the Will was signed

   However, a medical diagnosis by itself does not automatically invalidate a Will.

   The critical issue generally concerns the testator's mental capacity at the time the Will was executed.

   Someone experiencing cognitive decline may still have sufficient testamentary capacity at a particular time.

   Evidence may therefore focus closely on the days, hours, and circumstances surrounding execution.

   3. Improper Execution

   Florida has specific requirements for executing a traditional Will.

   Under Florida Statute § 732.502, the testator must sign the Will at the end—or another person may sign at the testator's direction and in the testator's presence.

   The signing or acknowledgment must occur in the presence of at least two attesting witnesses, and the witnesses must sign in the presence of the testator and each other.

   Problems can arise when:

   • The testator signed alone

   • Witnesses signed at different times

   • A witness was not present as legally required

   • The document was never properly signed

   • Required execution formalities were not followed

   A document can look completely finished while still having been improperly executed.

   4. Fraud

   A Will may also be challenged when fraud affected its execution.

   Examples could include circumstances where a person was deliberately deceived about the document being signed or material information was intentionally manipulated to cause a particular testamentary result.

   Florida Statute § 732.5165 expressly recognizes fraud as a basis for invalidating a Will or affected provision.

   Fraud claims are highly dependent on the specific facts and evidence.

   5. Duress

   Duress involves improper pressure or threats that cause someone to act against his or her free will.

   Florida Statute § 732.5165 also recognizes duress as a potential basis for invalidating a Will.

   Evidence of duress may overlap with evidence used in undue-influence disputes, but the legal theories are not necessarily identical.

   6. Forgery

   If a purported Will contains a forged testator signature or fraudulent witness signatures, its validity may be challenged.

   Forgery cases can involve:

   • Handwriting analysis

   • Original documents

   • Witness testimony

   • Electronic records

   • Prior signatures

   • Attorney files

   • Circumstances surrounding the purported execution

   The original document can become particularly important in a case involving suspected forgery.

   7. The Will Was Revoked

   A dispute may also involve whether the testator revoked the Will.

   Florida law recognizes methods by which Wills may be revoked, including certain written revocations and intentional physical acts satisfying statutory requirements.

   The issue can become complicated where an original Will cannot be found, competing copies exist, or family members disagree about what the decedent intended.

   8. A Later Will Is Discovered

   Sometimes the problem is not that the admitted Will was improperly created.

   A newer Will may simply exist.

   Under Florida Statute § 733.208, an interested person who discovers a later Will or codicil may petition to revoke probate of the earlier Will and seek probate of the later document, subject to applicable procedural limits.

   How Long Do You Have to Contest a Will in Florida?

   This is one of the most important issues in any Florida Will contest.

   Do not assume that you have years to investigate.

   Under the current version of Florida Statute § 733.212, an interested person who is served with a Notice of Administration generally must file an objection challenging the validity of the Will within 3 months after service of the Notice of Administration.

   The statute is particularly strict.

   The three-month period may be extended only in the limited circumstance specified by the statute involving estoppel based upon a misstatement by the personal representative concerning the deadline.

   The statute also establishes additional outside limitations, including restrictions tied to final discharge and the period after service of the Notice of Administration.

   There are also circumstances in which an interested person may be bound before Letters are issued.

   Under Florida Statute § 733.2123, someone served with formal notice of a Petition for Administration before issuance of Letters generally must raise challenges concerning the validity of the Will in those proceedings.

   This is why there is no safe generic answer such as:

   “You always have 90 days.”

   The correct deadline depends on what was served, when it was served, and what has already happened in the probate proceeding.

   If you believe a Will may be invalid, have the probate docket and all notices reviewed immediately.

   What Is a Probate Caveat?

   If you believe someone may attempt to probate a questionable Will, a caveat can sometimes be important.

   Florida Statute § 731.110 permits an interested person to file a caveat with the probate court.

   When an appropriate caveat has been filed, the court generally cannot admit the Will to probate or appoint a personal representative without first providing the caveator formal notice and an opportunity to participate as required by Florida law.

   A caveat does not automatically invalidate a Will.

   It functions as a procedural protection designed to prevent the estate from moving forward without the caveator receiving notice.

   Florida law does not permit an actual Will contest to be commenced before the testator's death, even though the caveat statute provides broader timing rules for filing a caveat.

   What Happens If the Will Has Already Been Admitted to Probate?

   A Will contest may still be possible after admission, provided the person has standing and is not barred by an applicable deadline.

   Florida Statute § 733.109 provides for a proceeding seeking revocation of probate.

   The proceeding is brought in the court handling the estate.

   While the challenge is pending, administration of the estate does not necessarily stop completely. The personal representative may continue administering the estate subject to statutory limitations designed to protect the rights involved in the dispute.

   This is another reason to act quickly rather than waiting until distributions have already occurred or the estate is approaching final discharge.

   What Evidence Is Used in a Florida Will Contest?

   Will contests are evidence-driven.

   Relevant evidence may include:

   Medical Records

   Medical records can help establish the testator's cognitive condition near the time the Will was signed.

   Important records may include:

   • Neurological evaluations

   • Dementia diagnoses

   • Hospital records

   • Physician notes

   • Memory assessments

   • Medication records

   • Hospice records

   Medical records rarely tell the entire story, but they can be extremely important in capacity and undue-influence cases.

   The Drafting Attorney's File

   The estate planning lawyer's file may answer important questions such as:

   • Who contacted the attorney?

   • Who scheduled the appointment?

   • Who attended meetings?

   • Who provided beneficiary information?

   • Was the testator interviewed privately?

   • Did the attorney document capacity concerns?

   • Were previous estate plans reviewed?

   • Who received copies of the documents?

   Text Messages, Emails, and Digital Communications

   Modern probate litigation increasingly involves digital evidence.

   Messages may help establish:

   • Isolation from family

   • Pressure to change an estate plan

   • Control over appointments

   • Financial dependence

   • Statements concerning beneficiaries

   • A chronology of events

   Read more about this type of evidence in Can Text Messages and Medical Records Be Used as Evidence in a Florida Will Contest?.

   Prior Wills and Estate Plans

   Comparing earlier estate plans with the challenged Will can be important.

   A sudden and unexplained change does not automatically prove wrongdoing, but the history may help establish context.

   Witness Testimony

   Potential witnesses can include:

   • Family members

   • Friends

   • Neighbors

   • Caregivers

   • Physicians

   • Bank employees

   • Estate planning professionals

   • Attesting witnesses

   The strongest evidence often comes from several independent sources that collectively tell the same story.

   Who Has the Burden of Proof?

   Florida Statute § 733.107 addresses the burden of proof in Will contests.

   The proponent of the Will must initially establish prima facie formal execution and attestation.

   After that showing, the contestant generally bears the burden of establishing the grounds on which probate is opposed or revocation is sought.

   The statute separately addresses circumstances in which a presumption of undue influence applies and affects the burden of proof.

   This means a Will contest cannot succeed merely because allegations are made.

   Evidence matters.

   Can I Contest a Will Just Because I Was Disinherited?

   Generally, no.

   Florida law allows people substantial freedom in deciding who receives their property, subject to important protections such as surviving-spouse and homestead rights.

   An adult child is not automatically entitled to inherit simply because he or she is a child.

   Being disinherited may establish that the Will affects you, but it does not establish that the Will is invalid.

   You still need standing and a legally sufficient basis for challenging the document.

   Can a Sibling Contest a Will?

   Potentially.

   A sibling may have standing if the sibling's legal interest would be affected by the result—for example, if the sibling would inherit under a prior Will or through intestacy if the challenged Will were invalid.

   But siblings do not automatically have standing merely because they are related to the decedent.

   For a more detailed explanation, see Sibling Contesting a Will: What Are My Rights in Florida?.

   What If the Will Contains a No-Contest Clause?

   Florida generally does not enforce Will provisions that penalize an interested person merely for contesting the Will or bringing proceedings relating to the estate.

   Florida Statute § 732.517 makes such penalty provisions unenforceable.

   That does not mean every Will contest is meritorious or risk-free. Probate litigation can still involve significant costs and consequences.

   But the existence of an in terrorem or no-contest clause should not automatically be treated as preventing a legitimate Florida Will challenge.

   Read more in Can a No-Contest Clause Stop Me From Challenging a Will in Florida?.

   What Happens If a Will Contest Is Successful?

   The result depends on the basis and scope of the challenge.

   Possible outcomes may include:

   • The entire Will being invalidated

   • A particular provision being invalidated

   • An earlier valid Will controlling

   • A later Will being admitted

   • A purported revocation being declared ineffective

   • Property passing under Florida intestacy law if no valid Will controls

   Florida Statute § 732.5165 specifically recognizes that when only part of a Will was procured through fraud, duress, mistake, or undue influence, the affected portion may be void while unaffected provisions remain valid if otherwise enforceable.

   Can a Florida Will Contest Be Settled?

   Yes.

   Not every Will contest reaches trial.

   Probate disputes may be resolved through:

   • Negotiation

   • Mediation

   • Settlement agreements

   • Evidentiary hearings

   • Trial

   Settlement can sometimes reduce expense, delay, and uncertainty.

   But whether settlement is appropriate depends on the evidence, legal claims, parties, estate assets, and objectives of those involved.

   For additional answers about contested estates, visit our Florida Probate Litigation FAQs.

   What Should You Do If You Suspect a Will Is Invalid?

   If you believe a Florida Will may have resulted from undue influence, incapacity, fraud, improper execution, or another legal problem:

   1. Do not wait for the estate to close.

   2. Obtain the probate case number and docket if probate has begun.

   3. Keep every Notice of Administration or formal notice you receive.

   4. Preserve text messages, emails, voicemails, photographs, and documents.

   5. Locate earlier Wills or Trusts if available.

   6. Write down a timeline while events are still fresh.

   7. Do not alter or destroy the original Will or other estate documents.

   8. Speak with a Florida probate litigation attorney promptly about standing and deadlines.

   The earlier a potential dispute is evaluated, the easier it may be to preserve evidence and determine whether a viable claim actually exists.

   Speak With a Florida Will Contest Attorney

   Contesting a Will is very different from routine probate administration.

   These cases can involve statutory deadlines, discovery, depositions, medical evidence, attorney files, expert testimony, disputed facts, and adversary proceedings.

   At Gold Legacy Law, PLLC, we represent beneficiaries, heirs, personal representatives, and other interested parties in Florida probate litigation involving:

   • Will contests

   • Undue influence

   • Lack of testamentary capacity

   • Fraud and forgery

   • Improper execution

   • Inheritance disputes

   • Fiduciary misconduct

   • Disputed estate assets

   • Removal of personal representatives

   • Other contested probate matters

   Our firm serves clients throughout Florida, including Miami-Dade, Broward, Palm Beach, and clients living outside Florida who are involved in a Florida estate dispute.

   If you believe a Will may be invalid—or you are defending a Will against a challenge—contact Gold Legacy Law or call (305) 556-5209 to discuss the circumstances.

   Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Gold Legacy Law, PLLC. Probate deadlines and Will-contest issues are highly fact-specific. Consult a qualified Florida attorney promptly regarding your particular circumstances.