You receive a letter in the mail notifying you that your father’s will is under probate. As you read the formal document, your stomach tightens. The provisions are nothing like what he had described to you over the years; instead, they favor a caregiver who only entered his life in the final months. For many families, discovering distressing provisions in a loved one's will creates a painful dilemma. At Beacon Legacy Law, our Palm City probate lawyers understand these difficult situations and can help you determine if contesting a will is possible under Florida law. Valid Grounds for Contesting a Will Under Florida Law Florida law doesn't allow you to contest a will just because you don't like its terms. Instead, the law recognizes specific situations where a will might not represent the true wishes of the deceased. These legal grounds help courts distinguish between valid concerns and mere disappointment over inheritance. Lack of Mental Capacity The person making the will needs to be mentally sound when they do it. This doesn't mean perfect mental health; it just means they understood the basics of what they were doing. An elderly person with memory problems might still have lucid moments during which they can make valid legal decisions. Florida judges look for whether the person knew what property they owned, who their family members were, and how their will would distribute their assets. Medical evidence plays a critical role in these cases. If the person was heavily medicated or experiencing severe dementia symptoms on the day they signed the will, this would strongly support a challenge based on lack of capacity. Undue Influence Florida probate courts pay attention when someone pressures an elderly person to change their will. This often happens when a caretaker, neighbor, or new "friend" suddenly receives a large inheritance. Judges look for suspicious patterns: Did this person keep family members away? Did they drive them to the lawyer's office and sit in on the meeting? Did they go from getting nothing to receiving the beach house and investment accounts? These warning signs make courts skeptical about whether the will truly reflects what the deceased wanted. Timing of changes matters in these cases, too. Substantial will changes occurring shortly after a new person enters the person's life often receive greater scrutiny. Fraud or Duress Sometimes, dishonest individuals trick people into signing wills under false pretenses. This might involve telling Grandpa he's signing a birthday card when it's actually a will. They might lie about family members, like telling them their daughter doesn’t want their antique collection. Outright forgery happens, too. Handwriting experts may scrutinize signatures that look nothing like samples on previous legal documents. The witnesses to a will signing can provide important details about what really happened. Did the person seem afraid? Was someone hovering over them, applying pressure? These firsthand accounts can make or break a case when fraud is suspected. Improper Execution Florida Statute 732.502 establishes specific requirements for a valid will, including: The document must be in writing It must be signed by the testator at the end It must be signed in the presence of at least two attesting witnesses who also sign in each other's presence Technical flaws in execution often invalidate wills. If witnesses signed at different times rather than together as required by law, this procedural error could render the will invalid. Self-prepared wills frequently contain execution errors. A Palm City resident using a downloaded template might not realize Florida has specific witness requirements that differ from other states. Challenging a Will in Florida Probate Court Understanding the procedural aspects of probate disputes helps you prepare for what lies ahead. Strict Filing Deadlines Under Florida Statute 733.212, interested parties have just three months after receiving the Notice of Administration to file objections. Missing deadlines has serious consequences. Even with legitimate concerns about capacity, courts generally refuse cases filed after the statutory time limit expires. Early legal consultation is essential. Speaking with a Palm City probate lawyer promptly helps preserve your legal options before time runs out. Standing Requirements Not everyone can challenge a will in Florida. State law restricts this right to "interested persons" who are affected financially by the outcome, including: People named in the current will Those who would inherit under a previous will Legal heirs who would inherit if no will existed Disinherited children usually maintain standing. Even if excluded from the will, children typically qualify as intestate heirs and can challenge unequal inheritance. Burden of Proof When you challenge a will in Florida, the judge starts with the assumption that the will is valid. It's your job to prove something's wrong. You'll need solid evidence to make your case. This might include your mom's medical records showing she was on heavy medication when she signed the will or bank statements revealing large withdrawals after her caregiver moved in. Your uncle, who visited Dad weekly, might testify about the dramatic personality changes he observed or how Dad couldn't recognize family members when the will was signed. Expert witnesses can make a difference in complex cases. A neurologist, for example, can explain how your father's condition affected his decision-making abilities. Probate Dispute Settlement While some will contests proceed through trial, many reach resolution through mediation or negotiation, often influenced by ongoing family relationships and cost considerations, as legal fees can consume significant portions of the estate. Possible Outcomes When Wills Are Successfully Contested If you are successful in contesting a will, the courts may decide on different results, depending on the specific circumstances: Prior valid will is reinstated if the court finds the most recent will invalid. Intestate succession applies when no valid will exists, dividing assets among the closest family members according to Florida law. Partial invalidation sometimes occurs, with courts striking down only the improperly influenced portions while upholding the remainder. If you're facing questions about a loved one's will in Palm City or Stuart, our probate lawyers can evaluate your situation and explain your options. When legitimate concerns exist, the probate system provides a path to ensure your loved one's true wishes are honored.
