By Thomas Walser, Florida Probate Litigation Attorney

Updated May 2026

When a loved one passes away, disagreements over inheritance and estate administration can quickly become emotional and legally complex. In Florida, probate is the court-supervised process used to validate a deceased person’s Will, appoint a personal representative, pay debts, and distribute assets to beneficiaries.

While many probate administrations proceed without conflict, there are situations where interested parties may challenge the validity of a Will. These disputes are commonly referred to as Will contests or probate litigation.

If you believe a Will was created improperly, influenced unfairly, or executed while the decedent lacked mental capacity, Florida law may allow you to contest the document during probate proceedings.

What Does Probate Mean?

Probate is the legal process through which a deceased person’s estate is administered. If the decedent left a valid Last Will and Testament, the court generally follows the instructions outlined in that document. If there is no Will, Florida intestacy laws determine how assets are distributed among surviving family members.

The probate court also appoints a personal representative (sometimes called an executor) to oversee the administration of the estate. This individual is responsible for:

• Identifying and protecting estate assets
• Paying valid debts and taxes
• Notifying beneficiaries and creditors
• Distributing property according to the Will or Florida law

Because probate is supervised by the court, interested parties have the opportunity to raise legal objections if they believe the Will is invalid.

Who Can Contest a Will in Florida?

Not everyone has legal standing to challenge a Will. Under Florida law, a person generally must have a direct financial interest in the outcome of the estate.

Interested parties may include:

• Beneficiaries named in the current Will
• Beneficiaries named in a prior Will
• Spouses, children, or close relatives who would inherit under intestacy laws
• Individuals who were disinherited unexpectedly

A successful Will contest can significantly alter how estate assets are distributed.

Common Reasons for Contesting a Will

1. Lack of Testamentary Capacity

One of the most common grounds for contesting a Will is a claim that the decedent lacked the mental capacity required to execute estate planning documents.

Under Florida law, a person must have “testamentary capacity” at the time the Will is signed. This legal standard is lower than the mental capacity required for many contracts or financial agreements.

To have testamentary capacity, the testator generally must understand:

• The nature and extent of their assets
• Who their family members and beneficiaries are
• How the Will distributes property
• That they are signing a Last Will and Testament

Conditions such as Alzheimer’s disease, dementia, or mental illness do not automatically invalidate a Will. In many cases, a person may still have sufficient legal capacity during a lucid interval.

Evidence Often Used in Capacity Disputes

Evidence may include:

• Medical records
• Physician testimony
• Witness testimony
• Caregiver records
• Prior estate planning documents
• Psychological evaluations

For high-value estates or families anticipating disputes, attorneys often recommend a medical evaluation before signing estate planning documents to help reduce future litigation risks.

2. Undue Influence

Undue influence occurs when another person manipulates, pressures, or improperly influences the decedent into changing their estate plan for someone else’s benefit.

These claims frequently arise when:

• A caregiver becomes a major beneficiary
• An isolated elderly person changes a longstanding estate plan
• A family member controls finances or healthcare decisions
• A new beneficiary suddenly appears late in life

Florida courts carefully evaluate whether the beneficiary exerted excessive influence over the testator.

Factors Courts Consider in Undue Influence Cases

Florida courts may examine whether the alleged influencer:

• Was present during execution of the Will
• Recommended the attorney drafting the documents
• Knew the contents of the Will beforehand
• Directed preparation of the Will
• Secured witnesses for execution
• Maintained possession of the original Will

Undue influence cases are highly fact-specific and often require extensive evidence, witness testimony, and financial records.

3. Improper Execution of the Will

Florida law requires strict compliance with legal formalities when executing a Will.

Generally, a valid Florida Will must:

• Be signed by the testator
• Be signed at the end of the document
• Be witnessed by at least two competent witnesses
• Be signed in the presence of the witnesses and each other

Even small execution errors may create significant probate disputes.

Risks of DIY Estate Planning Documents

Online Will templates and DIY estate planning platforms have become increasingly popular, but improperly prepared documents often create costly probate litigation later.

Common issues include:

• Missing witness signatures
• Incorrect notarization
• Ambiguous language
• Contradictory beneficiary provisions
• Improper execution ceremonies

Working with an experienced estate planning attorney can help minimize these risks.

4. Revocation of a Will

A Will may be revoked during the testator’s lifetime. In Florida, revocation can occur through:

• Creation of a newer valid Will
• Physical destruction of the document
• Intentional cancellation by the testator

One common issue in probate cases is the inability to locate the original signed Will after death.

What Happens if the Original Will Is Missing?

Florida probate courts strongly prefer the original executed document. If only a copy exists, the court may presume the original was intentionally destroyed and revoked.

However, this presumption can sometimes be overcome with evidence such as:

• Witness testimony
• Attorney records
• Sworn affidavits
• Proof of the decedent’s intent

These proceedings often require additional probate litigation and evidentiary hearings.

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

Florida probate deadlines are strict. In many cases, interested parties may have as little as:

• 20 days after formal notice of administration to object to the Will, or
• 90 days in certain probate proceedings involving fraud or newly discovered evidence

Missing a deadline may permanently waive your rights. Because probate litigation timelines move quickly, it is important to consult an attorney immediately if you suspect wrongdoing.

What Evidence Is Needed to Contest a Will?

Successfully contesting a Will typically requires substantial evidence. Depending on the claim, evidence may include:

• Medical and mental health records
• Financial documents
• Emails and text messages
• Witness testimony
• Caregiver communications
• Prior versions of estate planning documents
• Expert testimony from physicians or handwriting analysts

Mere suspicion or family disagreement is usually not enough to invalidate a Will.

How a Florida Probate Litigation Attorney Can Help

Will contests can become emotionally charged and financially significant. An experienced probate litigation attorney can help:

• Investigate suspicious estate changes
• Obtain medical and financial records
• Challenge invalid estate planning documents
• Defend beneficiaries and personal representatives
• Represent clients in probate court hearings and mediation

Whether you are contesting a Will or defending one, early legal guidance can make a substantial difference in the outcome of the case.

Contact Walser Law Firm

If you have questions about contesting a Will during probate in Florida, the experienced probate litigation attorneys at Walser Law Firm are here to help.

We assist clients with:

• Probate disputes
• Will contests
• Trust litigation
• Executor misconduct claims
• Inheritance disputes
• Estate administration

Contact Walser Law Firm today to schedule a confidential consultation and discuss your legal options.