Time Limits, Legal Grounds, and Contesting a Will

If you believe a loved one’s will does not reflect their true intentions (or was the product of fraud, undue influence, or error) it’s important to understand the process, the legal grounds, and how time-sensitive these claims can be. A skilled Pompano Beach estate litigation lawyer can help you navigate the complex probate landscape and protect your rights. Contesting a will is a serious legal challenge, and in Florida, strict rules apply.

Deadlines and Legal Reasons

Florida law imposes tight deadlines for challenging a will. Generally, you must file a will contest within three months of service of a notice of administration, which informs interested persons that the probate process has begun. If you receive a notice before probate estate is opened, you may have as few as 20 days to file your objection.

Missing this window can result in being permanently barred, regardless of how valid your concerns may be.

Several legal reasons may support a will contest in Florida, including:

• Lack of testamentary capacity. If the person who created the will (the testator) did not have the mental capacity to understand the nature of their assets or the consequences of their decisions, the will may be invalid.
• Undue influence. A will may be contested if it was created under pressure or manipulation by someone in a position of trust or control, such as a caregiver or close relative.
• Improper execution. Florida law requires that a will be signed by the testator and two witnesses. If these formalities are not followed exactly, the will can be declared void.
• Fraud or forgery. If someone tricked the testator into signing the document or falsified the will, these are valid reasons to contest.

Contesting a will is not a quick process. It typically involves filing a formal objection with the probate court, followed by discovery (where parties gather and exchange evidence), depositions, and potentially a trial. Expert witnesses, such as physicians or handwriting analysts, may be called to support claims of incapacity or forgery.

Get Legal Help Early

There are important timing and procedural accuracy considerations when it comes to Florida probate law. For instance, a recent Florida appellate court upheld a trial court’s decision to deny a will contest because the challenger missed the three month filing deadline. Although the petitioner argued the decedent lacked capacity and the will was the product of undue influence, the court ruled that procedural compliance is critical. Because the objection was filed late, the Court refused to even consider the merits.

A Pompano Beach estate litigation lawyer can assess your situation, ensure deadlines are met, and help you gather the evidence needed to build a strong case. Acting promptly could mean the difference between preserving your loved one’s true wishes and losing your opportunity to speak up.

What questions do you have about contesting a will? Connect with the legal team at Mark R. Manceri, P.A. Schedule a confidential consultation today.