A will contest is a legal proceeding challenging the validity of a deceased person’s will. While most wills are admitted to probate without dispute, contests do arise when family members believe something was wrong with how the will was created or that it does not reflect the decedent’s true wishes. Will contests can be emotionally difficult and legally complex, often pitting family members against each other during an already painful time. Understanding the grounds for contesting a will and what the process involves helps you evaluate whether a challenge is appropriate or how to defend against one. An Orlando, FL probate lawyer can advise you on the merits of a potential contest or help protect a valid will from challenge.
Who Can Contest a Will
Not everyone can contest a will. Florida law limits standing to contest to “interested persons,” which includes beneficiaries named in the will being challenged, beneficiaries named in a prior will who would inherit if the current will is invalidated, heirs who would inherit under Florida’s intestacy laws if there were no valid will, and creditors of the estate in limited circumstances.
If you are not an interested person, you cannot challenge the will regardless of your beliefs about its validity. A friend or neighbor who suspects wrongdoing, for example, has no legal standing to bring a contest.
The personal representative named in the will typically defends the will against challenges, using estate funds to pay for legal defense.
Grounds for Contesting a Will
Florida law recognizes several grounds for challenging a will’s validity. To succeed in a will contest, you must prove one or more of these grounds by the applicable legal standard.
Lack of Testamentary Capacity
The testator (person making the will) must have been of sound mind when the will was executed. Under Florida law, testamentary capacity requires that the testator understood the nature and extent of their property, knew who would naturally inherit their property (their “natural bounty”), understood they were making a will and its effect, and understood how these elements relate to form a plan for distributing their property.
Lack of capacity does not mean the testator had to be in perfect mental health. People with dementia, mental illness, or cognitive decline may still have sufficient capacity during lucid intervals. The relevant inquiry is whether the testator had capacity at the specific moment the will was signed.
Medical records, witness testimony, and expert opinions often play important roles in capacity challenges. Evidence that the testator could not recognize family members, did not understand their assets, or was confused about basic facts may support a capacity challenge.
Undue Influence
Undue influence occurs when someone exerts improper pressure on the testator, overcoming the testator’s free will and causing them to make a will they would not otherwise have made. The influencer substitutes their own wishes for those of the testator.
Florida courts consider several factors in evaluating undue influence claims, including whether the testator was susceptible to influence due to age, illness, or mental state, whether the alleged influencer had opportunity to exert influence, whether the alleged influencer had a confidential or fiduciary relationship with the testator, whether the influencer was active in procuring the will (such as selecting the attorney, being present during drafting, or controlling access to the testator), and whether the will makes an unnatural disposition that favors the influencer over natural heirs.
Undue influence must be proven by a preponderance of the evidence. However, if the contestant establishes that a substantial beneficiary had a confidential relationship with the testator and was active in procuring the will, a presumption of undue influence arises, shifting the burden to the beneficiary to prove the will was not the product of undue influence.
Fraud
Fraud in the execution occurs when the testator is tricked into signing a document they do not realize is a will. For example, if someone tells the testator they are signing a letter when it is actually a will, fraud has occurred.
Fraud in the inducement occurs when false statements cause the testator to make provisions they would not otherwise have made. For example, if someone falsely tells the testator that a family member has died or has been stealing from them, causing the testator to disinherit that family member, fraud in the inducement has occurred.
Fraud requires proof that the wrongdoer knowingly made false statements with the intent to deceive and that the testator relied on those statements in making their will.
Improper Execution
Florida has strict requirements for executing a valid will. The will must be in writing and signed by the testator at the end, or signed by another person at the testator’s direction and in their presence. Two witnesses must sign in the presence of the testator and each other.
If these formalities were not followed, the will may be invalid. Common execution defects include having only one witness, witnesses who were not present at the same time, the testator signing after the witnesses, and missing signatures.
A will contest based on improper execution focuses on what happened at the signing ceremony. Testimony from the witnesses, the attorney who supervised the execution, and others present may be crucial.
Revocation
A later will generally revokes an earlier one if it expressly states an intent to revoke or if its provisions are wholly inconsistent with the prior will. A will can also be revoked by physical act, such as burning, tearing, or destroying the document with intent to revoke.
If a contestant can prove that a later will was executed or that the will being offered was revoked, the earlier or revoked will should not be admitted to probate.
No-Contest Clauses
Some wills include no-contest clauses (also called in terrorem clauses) that purport to disinherit anyone who challenges the will. The goal is to discourage contests by threatening the loss of any inheritance.
Florida law does not favor no-contest clauses. Under Florida Statutes Section 732.517, a no-contest clause is unenforceable if the person challenging the will had probable cause for the challenge. This means that a beneficiary who brings a good-faith challenge based on reasonable grounds will not lose their inheritance even if the challenge ultimately fails.
This protection encourages legitimate challenges while still allowing no-contest clauses to deter frivolous or baseless contests.
The Will Contest Process
A will contest is filed in the probate court handling the estate. The contestant files a petition or complaint setting forth the grounds for the challenge. The personal representative, typically with estate funds, defends the will.
Discovery follows, including depositions of witnesses, requests for medical records, and potentially expert witness opinions. Will contests often involve testimony from the attorney who drafted the will, the witnesses who observed the signing, caregivers, family members, and medical professionals.
Many will contests settle before trial. The parties may agree to a compromise distribution that differs from what the will provides but avoids the cost and uncertainty of litigation.
If the case goes to trial, the factfinder (judge or jury, depending on the circumstances) determines whether the will is valid. If the will is found invalid, the estate is distributed under a prior valid will or, if none exists, under Florida’s intestacy laws.
Time Limits for Contesting a Will
Will contests must be filed promptly. An interested person who receives formal notice of administration typically has 20 days to file objections to the will. However, strict adherence to this deadline depends on the circumstances, and some challenges may be raised later in the proceedings.
Acting quickly is essential. If you believe you have grounds to contest a will, consult with an attorney immediately to preserve your rights.
Preventing Will Contests
If you are concerned about potential challenges to your own will, several strategies can reduce the risk. Work with an experienced Orlando, FL estate planning lawyer to ensure proper execution. Consider obtaining a medical evaluation at the time of signing to document your capacity. Discuss your estate plan with family members to set appropriate expectations. Regularly update your estate plan so it reflects your current wishes.
Get Legal Help with Will Contests
Whether you are considering challenging a will or defending against a contest, experienced legal representation is essential. Magill Law Offices assists Orlando families with all aspects of probate and estate litigation.
To discuss a potential will contest, contact Magill Law Offices to schedule a free consultation.