Who Can Challenge a Will in Florida — And Who Cannot

Challenging a will in Florida is not something just anyone can do. Only an “interested person” can contest this. This does not mean someone who is curious about the outcome. Unsure of whether you can contest a will or not? Here is what to know about will contests in Florida.

On What Basis Can a Will be Challenged?

Here are some bases on which a will can be challenged:

Lack of Testamentary Capacity:
Lack of testamentary capacity means that the person making the will did not have the mental ability to understand what they were doing. The person generally needs to understand that they are making a will, the nature and value of their property, and the people who may reasonably expect to benefit from their estate. If a person was suffering from serious mental impairment or confusion when the will was made, someone may challenge the will on this basis.

Undue Influence:
Undue influence occurs when another person pressures, manipulates, or controls the person making the will. The concern is that the will reflects someone else’s wishes rather than the testator’s independent decisions. For example, a caregiver may pressure an elderly person to leave them a larger portion of the estate.

Fraud or Deception:
Fraud or deception occurs when false information or dishonest actions cause a person to make or change their will. For example, someone may lie about a family member to convince the testator to remove that person from the will.

Improper Execution:
A will may be challenged if it was not properly signed, witnessed, or executed in accordance with the state’s legal requirements. These requirements help ensure that the document is genuine and represents the testator’s wishes.

Forgery:
Forgery occurs when someone falsifies the will or the testator’s signature. If a court determines that a will was forged, it can be declared invalid because it was not actually executed or approved by the deceased.

Which People Can Challenge a Will in Florida?

You must have standing to challenge a will. Standing is important because someone may have a legitimate reason to question a will but still be unable to bring a legal challenge without the required interest in the estate. For example, someone may believe an elderly relative was pressured into changing a will. But if that person would not receive anything under an earlier will or Florida inheritance law, they may not have the necessary legal interest to pursue the challenge.

Under Florida law, a person generally must qualify as an “interested person” to contest a will. In practical terms, this means the person must have a legitimate legal or financial interest in the estate that could be affected by whether the will is admitted to probate or upheld.

An interested person may include:

• Current beneficiaries: Individuals named to receive property or assets under the will.
• Beneficiaries of an earlier will: Individuals who would receive an inheritance under a previous will that was later changed or revoked.
• Heirs: People who could inherit under Florida’s intestacy laws if the will were found invalid or did not control the estate.
• Certain creditors: A creditor may have a legally recognized interest in the estate, depending on the circumstances.
• Other legally interested parties: In some situations, another person may qualify if they have a legally recognized financial or property interest that could be affected by the probate proceeding.

Frequently Asked Questions

I’m shocked by what the will says. Can I challenge it?

Probably not, but it depends on why you were shocked. Being surprised or disappointed by a will does not, by itself, make the will invalid. People have the freedom to decide how their property will be distributed after death, even when their choices differ sharply from what family members expected. Sometimes, the will can be shocking if those wishes were not communicated during life. This is why trust and estates attorneys suggest communicating those wishes before death. If the will seems inconsistent with the person’s longstanding wishes, relationships, or prior estate plans, the circumstances surrounding the will may deserve closer review. 

What if the will was changed shortly before death?

A will change made shortly before someone’s death is not automatically invalid simply because it was made late in life. However, the circumstances surrounding the change may be important if someone later questions the will. For example, concerns may arise if the person was experiencing significant confusion, had recently become dependent on someone involved in the estate plan, or made changes that were substantially different from prior wishes. The timing of the change can be one piece of evidence when evaluating whether the will should be challenged.

I know my friend would not make this will. Can I contest it?

Simply believing the will does not reflect your friend’s wishes is not enough to contest it. In Florida, you have to be an interested party. This means that the outcome of the probate proceeding could affect your inheritance or other financial rights. For example, an heir, beneficiary, or other interested person may have standing to challenge a will when there is a legally recognized reason for doing so. If you are a friend who does not fall into these categories, you lack standing.

If I want to contest the will, what should I do?

If you believe a Florida will is invalid, the first step is to speak with a Florida probate attorney as soon as possible. An attorney can review the will, identify potential grounds for a challenge, and determine whether you have standing. 

Contact a Florida Trust and Estates Attorney

If you are wondering whether you can contest a will in Florida, speaking with a Florida trust and estates attorney can help you determine what rights you might have. Will contests have deadlines, so it is best to speak with an attorney as soon as possible.