Can You Challenge a Will in Florida?

The passing of a loved one is an emotional time, and disputes over their will can add stress to an already difficult situation. In Florida, you can challenge a will, but only under certain circumstances and within specific timeframes.

Talk to a Pompano Beach estate litigation lawyer about who has the right to contest a will, when challenges must be made, and the most common legal grounds for doing so. A conversation with a legal professional can help you decide whether taking action is the right step.

Who Can Bring Forward a Dispute?

Not everyone has the legal right, or standing, to challenge a Will. Florida law limits challenges to individuals who have a direct interest in the estate. This includes:

• Heirs at law who would have inherited if there were no Will.
• Beneficiaries named in a prior Will whose inheritance has been reduced or eliminated in the newer document.
• Creditors who believe they are owed money by the estate.

If you do not fall into one of these categories, the Court is unlikely to hear your case. Plus, timing is critical. In Florida, will contests are usually filed shortly after the probate process begins. Once the personal representative provides formal notice to interested parties, those individuals generally have 90 days to contest the Will.

If you were served with a formal notice of administration, the timeline is even shorter, only 20 days to file your challenge. Missing these deadlines almost always means losing the ability to contest the Will.

Also, it is essential to understand that Florida Courts will not invalidate a will simply because an heir is unhappy with its terms. Instead, there must be valid legal grounds. One common reason is lack of testamentary capacity. This means the person making the Will (the testator) must have understood the nature of their assets, the effect of creating a Will, and who their natural heirs were. If they lacked this mental capacity, the Will may be invalid.

Situations involving undue influence, improper execution, and fraud have prompted Will contest, too. So, if someone exerted improper pressure or manipulation over the testator, the document can be contested. And because Florida law has strict requirements for signing a Will, a failure to meet these requirements can invalidate the document. Wills that were signed under false pretenses, forged, or created through deception, can be legally challenged as well.

Is It Possible to Challenge a Will?

Yes, you can challenge a Will in Florida, but only if you have standing, act quickly, and have legally recognized grounds for doing so. Because probate disputes can become complicated and emotionally charged, seeking the guidance of a skilled Pompano Beach estate litigation lawyer is the best way to ensure your interests are protected.

What happens if a Will is invalidated? When there are disputes about Florida estate documents, speak with the attorneys at Mark R. Manceri, P.A. Seasoned estate lawyers are available to listen closely to your concerns and connect you with a path forward. For experienced legal guidance, schedule a confidential consultation today.