30-Second Take-Away
- A Florida will can only be overturned only for specific legal grounds—not mere disappointment.
- You must file a contest within 90 days of the Notice of Administration or 20 days if you were served formal notice before the will is admitted.
- Modern cases hinge on four core grounds: improper execution, lack of capacity, undue inflence, and fraud/mistake.
- Undue influence claims trigger a statutory burden of proof shift once red-flag facts are shown (§ 733.107). (Florida Senate)
- “No-contest” clauses that try to penalize challengers to a will are unenforceable in Florida (§ 732.517). (Florida House of Representatives)
Inheritance doesn’t always go the way you might expect it to. For example, have you ever wondered what happens if the Florida Last Will and Testament (“Will”) of one of your loved ones is probated and you are stunned with disappointment over your share of the estate?
Is there anything you can do about it?
An experienced Florida estate and probate lawyer will tell you that it “all depends” of course, but given the right set of facts, yes, there might be something you can do.
A Florida Last Will and Testament can be contested if…
you have standing, there are sufficient grounds to contest it, and the probate process has not been completed.
(Please note: each state has its own rules on will contests governing who may bring a contest, when, and on what grounds. Please check the laws in your state if you are considering a will contest. And be sure to consult an estate and probate lawyer near you.)
It Starts with Legal Standing
The legal process for objecting to a Florida Last Will and Testament is called a “will contest.” Will contests are adversary proceedings that are brought within the context of the probate of a decedent’s estate.
If a person dies having left a Florida Last Will and Testament, a will contest challenges the validity of the Will on a specific legal ground. As we shall discuss later, there are a limited number of legal grounds for contesting a Will in Florida.
But before we get to the grounds upon which you can contest a Florida Last Will and Testament, it is important to understand exactly who can bring a will contest. Not just anyone can contest a Will.
To bring a will contest, you must have “legal standing.” In other words, you must have a legal right or interest in the probate proceeding to contest the validity of the will.
At this point you may be wondering who has legal standing (or an interest) in a probate proceeding? In Florida, the answer is, anyone who is considered an “interested person.” If you are an “interested person” within the meaning of Florida law, you may file a contest to challenge a Florida Last Will and Testament.
Generally, interested persons include the beneficiaries, creditors, and heirs of a decedent. Who qualifies as an “interest person” can vary from time to time and must be determined based on the facts and circumstances of the particular case .
Filing Deadlines You Cannot Miss
Florida imposes two razor-sharp windows:
- 90 days after service of the Notice of Administration.
- 20 days if you received formal notice of the Petition for Administration before the will is admitted to probate.
Miss these dates and the will typically stands—even if your evidence is compelling.
Four Common Grounds to Challenge a Will
Bringing a will contest is not something that one should do lightly. These are contentious legal proceedings that are often quite expensive and time-consuming. As a result, it is not surprising that the law limits will contests to very specific legal grounds. In other words, merely being disappointed—as in you were hoping you would get a lot more or would get something different— won’t constitute sufficient grounds for bringing a will contest.
Additionally, there are a number of factors to consider before deciding whether or not to file a Will contest.
Some of the things you should think about (and by no means is this an exhaustive list), are:
- Your reasons for contesting the Will
- Your probability of success
- How much time it may take
- The expense
Because contesting a Florida Last Will and Testament is such a substantial undertaking, you should always first discuss your reasons for wanting to contest the Will with an experienced estate and probate lawyer to see if you have sufficient grounds for bringing a challenge.
Quick-Reference Table
| Ground | What It Means | Proof Needed | Key Florida Authority |
| Improper execution | Will wasn’t signed correctly | Not signed at the end, missing witnesses, no signature | § 732.502 (Florida Senate) |
| Lack of capacity | Testator didn’t understand assets or heirs or effect of signing | Medical records, testimony | Case law (e.g., Reichert) |
| Undue influence | Beneficiary overrode the free will of the person making the will | Confidential relationship + active role + benefit → burden shifts | § 733.107 (Florida Senate) |
| Fraud / Mistake | Will signed due to false info or page swap | Misrepresentation proof, forensic exam | § 732.5165 (Florida Senate) |
1. Irregularities in the Execution of the Will
Since Wills are formal legal documents, they must comply with certain legal formalities to be valid. A valid Last Will and Testament in Florida must:
- Be in writing,
- Signed by the Testator at the end, and
- Signed by the Testator in the presence of two witnesses.
- Signed by two witnesses who sign in the presence of the Testator and in the presence of each other
If any requirement is missing, the Will may be challenged as invalid. Real-world clue: a will witnessed by only one neighbor instead of two flunks § 732.502.
2. Lack of Capacity
Anyone over 18 who is “of sound mind” may make a Will. That means the testator must:
- know the extent of his or her property,
- understand what he or she is doing,
- know who the heirs are, and
- appreciate the practical effect of making a Will.
If it can be proven that at the time the testator made the Will, he or she lacked this testamentary capacity, then grounds for challenging the Will may exist. As an example, medical charts noting “confusion” or a dementia diagnosis dated the same week the Will was signed may bolster a capacity challenge.
3. Undue Influence
Another ground upon which a Will may be challenged is that of undue influence. Undue influence is a legal doctrine where someone who substantially benefits under a Florida Last Will and Testament made the testator either write his Will, or change his/her Will, to be in the beneficiary’s favor.
The legal ground of undue influence is more than asserting that the testator was “persuaded” by the beneficiary to change his or her Will in the beneficiary’s favor. The petitioner— the person challenging or contesting the Will— must show that the testator’s mind was so controlled by the undue influencer that the testator essentially had no free will. In other words, the petitioner must show that the testator made his or her Will (or changed it) because he/she was overpowered (mentally and emotionally) by the undue influencer.
In summary, undue influence alleges that someone who benefits substantially under the will forced or manipulated the testator to sign (or change) the Will.
Florida courts look for:
- A confidential relationship between influencer and testator,
- The influencer’s active role in procuring the Will, and
- A substantial benefit to the influencer.
Show all three and the burden of proof shifts to the influencer to prove no wrongdoing (§ 733.107). (Florida Senate)
4. Fraud or Mistake
Florida treats fraud and mistake as will-killers. If someone tricks the testator—through lies, swapped pages, or misstatements of fact—into signing or changing a will, the entire document (or the portion affected) is void. Florida Statute § 732.5165 makes this explicit: “A will is void if the execution is procured by fraud, duress, mistake, or undue influence.” (Florida Senate)
Example: A caregiver falsely claims one child has died, persuading Dad to disinherit that child. Once the court uncovers the deception, the affected clause—and potentially the full will—gets tossed, and the estate passes under an earlier will or Florida’s intestacy rules.
Factors to Consider Before Filing
Bringing a Will contest is a substantial undertaking. Think about:
- Your reasons for contesting the Will
- Your probability of success
- How much time it may take
- The expense
Always discuss these points with an experienced probate lawyer to weigh cost versus benefit.
No-Contest Clauses Don’t Stop You
Worried about a clause that says, “If you challenge this will, you’re out”? Florida law invalidates those clauses. Statute § 732.517 states that any provision “purporting to penalize any interested person for contesting the will” is unenforceable. (Florida House of Representatives)
In practice, that means beneficiaries can file a good-faith contest without forfeiting their inheritance—so long as they act within the applicable deadlines and have solid legal grounds.
Questions & Answers
What is the deadline to contest a will in Florida?
Ninety days after service of the Notice of Administration—or 20 days if you were served formal notice of the Petition for Administration before the will is admitted.
Does Florida enforce no-contest clauses in wills?
No. Florida Statute § 732.517 voids most penalty clauses. (Florida House of Representatives)
Is disappointment alone a ground to contest?
No. You must prove a statutory ground such as improper execution, lack of capacity, undue influence, or fraud.
Questions About Contesting a Florida Last Will and Testament? Contact Our Estate Planning Attorneys.
Don’t leave planning for your future and that of your loved ones to chance. All it takes is one phone call to SJF Law Group to ensure that your wishes will be followed, and your loved ones taken care of when you are gone.
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