Short Answer: Yes, siblings can contest a will, but only if they meet Florida's requirement of being an “interested person.”
Under Fla. Stat. § 731.201(23), an interested person is someone who may reasonably be affected by the outcome of the estate.
A sibling generally has standing if:
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They would inherit more if the will is invalidated
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They were named in a prior will
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They are an heir at law when no valid will exists
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The sibling serving as personal representative is acting improperly
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They are a surviving heir whose share was reduced under suspicious circumstances
A sibling does not have standing if the will never included them in any version and they would not inherit under intestate law.
Common Grounds for Siblings to Contest a Will
Florida allows a sibling to challenge a will on several legally recognized grounds:
1. Undue Influence
This is the most common basis for sibling disputes. A will can be invalidated if another sibling:
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Pressured or manipulated the parent
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Isolated the parent from others
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Controlled medical, financial, or daily needs
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Benefited unnaturally compared to other siblings
Florida's Carpenter factors help courts evaluate undue influence, especially when one sibling held power over the parent's decisions.
2. Lack of Testamentary Capacity
A sibling may contest a will if the parent lacked mental capacity at the time of signing due to:
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Dementia
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Alzheimer's
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Delirium
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Medication effects
Florida requires proof that the testator did not understand the extent of assets, natural heirs, or the purpose of the will.
3. Fraud, Duress, or Coercion
If a sibling created false narratives, lied about another sibling, or pressured the parent during a vulnerable moment, the will may be void.
This also includes cases where a family member knowingly conceals important information, such as marital status or rightful heirs. Florida courts treat misconduct as fraud upon the court.
4. Improper Execution Under Florida Law
A will must be:
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In writing
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Signed by the testator
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Witnessed by two individuals in the presence of each other
Failure to follow these formalities can invalidate the document.
5. Elder Exploitation or Financial Abuse
If a sibling took control of accounts, changed beneficiaries, or isolated the parent, this may support a will contest or a constructive trust to recover assets.
What if One Sibling Controls Everything?
Florida courts carefully monitor situations where one sibling:
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Manages all finances
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Lives with the parent
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Restricts communication
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Holds power of attorney
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Suddenly inherits everything
These patterns often indicate undue influence. If the sibling also made false representations in probate filings, such as hiding the existence of a marriage or ignoring rightful beneficiaries, this may escalate into fraud on the court.
What Are My Rights as a Sibling in a Will Contest?
You have the right to:
- Challenge the will in court: You can file a formal will contest within the statutory timeframe.
- Request financial documents, medical records, and discovery: These help determine whether undue influence or incapacity occurred.
- Object to an unqualified sibling serving as personal representative: A sibling with a felony, substance abuse history, exploitation allegations, or misconduct may not qualify.
- Seek removal of a sibling administering the estate improperly: Under Fla. Stat. § 733.504, a PR can be removed for fraud, breach of duty, or conflict of interest.
- Claim your rightful inheritance: If the will is invalidated, intestate rules apply, siblings may inherit when no surviving spouse or descendants exist.
How Long Do I Have to Contest a Will?
Florida law requires:
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90 days after receiving the Notice of Administration, or
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20 days if served with a formal Notice of Petition for Administration
These deadlines are strict. Late filings are almost always dismissed.
Final Thoughts
Sibling disputes during probate are stressful—but Florida law provides strong protections against manipulation, fraud, and undue influence. If you believe a sibling acted improperly or the will does not reflect your parent's true intentions, speaking with a Florida probate litigation attorney early can preserve your rights and prevent irreversible loss.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Gold Legacy Law. For legal advice regarding your personal situation, please contact our office to schedule a consultation.