Top Grounds for Contesting a Will in Florida (and What Evidence Helps Your Case)

In Florida, contesting a will is a complex process governed by statutes and court procedures. There are specific types of proof that are needed if you want to contest a will. A Pompano Beach estate litigation lawyer can help you understand when a challenge is appropriate and what evidence is needed to build a strong case.

Lack of Testamentary Capacity

For a will to be valid, the person who created it must have been of sound mind. This means they understood the nature and extent of their assets, who their natural heirs were, and the impact of signing a will. If the testator suffered from dementia, Alzheimer’s disease, severe mental illness, or was under the influence of medication or substances at the time the will was executed, capacity may be in question.

Evidence that helps:

• Medical records showing cognitive decline
• Testimony from treating physicians or caregivers
• Witness statements from those present during the signing
• Documentation of erratic or confused behavior near the signing date

Undue Influence

When a person exerts overpowering pressure on the testator, causing them to sign a will that reflects someone else’s wishes, it is referred to as undue influence. This often happens when a vulnerable elderly person becomes dependent on a caregiver, relative, or friend who manipulates them.

Documentation to support an undue influence claim:

• Emails, messages, or financial records showing manipulation
• Witness statements about isolation or coercion
• Expert testimony on the victim’s vulnerability
• Proof that the influencer arranged the attorney, transportation, or signing

Fraud or Forgery

A will is invalid if the signature was forged or if the testator was tricked into signing something they didn’t understand. Fraud may also occur when someone lies to the testator to influence how they distribute their estate.

To prove these allegations, consider collecting:

• Handwriting analysis reports
• Testimony from the witnesses and notary
• Prior versions of the will with a different signature or drastically different terms
• Communications showing deceit or false information

Improper Execution

Florida law has strict requirements for signing a will. If the appropriate steps were not followed exactly, the will may be invalid.

Items to prove improper execution:

• Testimony from the witnesses
• Notary logs
• Videos or inconsistencies in the execution process
• Drafts or alternate versions showing procedural errors

Duress

If someone forced or threatened the testator into signing the will, it is legally invalid. Duress can involve physical threats, emotional manipulation, or financial pressure.

Illustrating this could be possible with:

• Police reports or prior allegations of abuse
• Text messages or emails showing intimidation
• Statements from neighbors, friends, or professionals
• Documentation of controlling or aggressive behavior

Challenging a will is emotionally difficult and legally complex. A Pompano Beach estate litigation lawyer can investigate suspicious circumstances and build a compelling case. Families deserve peace of mind knowing their loved one’s true wishes are honored, and that justice is served when wrongdoing occurs.

Do you believe a will in your family was influenced, forged, or improperly executed? Have a conversation with the attorneys at Mark R. Manceri, P.A. Timely legal action can make all the difference. Schedule a confidential consultation today.