Contesting a Will in Florida: What You Need to Know | The Law Offices of Richard Corey, PLLC
- Richard Corey
- 6 days ago
- 4 min read
When a Loved One's Will Doesn't Reflect Their True Wishes
Few legal situations are as emotionally charged — or as time-sensitive — as discovering that a deceased loved one's will may not reflect what they truly intended. Whether you suspect the will was procured through undue influence by a caregiver or family member, whether your loved one lacked the mental capacity to understand what they were signing, or whether the document itself was improperly executed or outright forged, Florida law provides a mechanism to challenge that will in court. That mechanism is called a will contest — and it is one of the most procedurally demanding and deadline-driven forms of civil litigation in the Florida courts.
At The Law Offices of Richard Corey, PLLC, we represent beneficiaries, heirs, and interested parties in will contests and estate disputes throughout Fort Lauderdale, Broward County, and South Florida. This post explains the fundamentals of contesting a will in Florida — who can do it, on what grounds, and why acting immediately is essential.
What It Means to Contest a Will in Florida
Contesting a will in Florida means formally challenging the legal validity of a deceased person's Last Will and Testament in the probate court. A will contest is not simply an expression of unhappiness with how assets were distributed — Florida law does not allow a challenge merely because a family member believes the outcome is unfair. A will contest must be based on specific recognized legal grounds, supported by evidence, and filed within strict deadlines. It is classified as an adversary proceeding under Florida Probate Rule 5.025, meaning it follows procedural rules similar to those governing civil litigation — including formal pleadings, discovery, depositions, expert witnesses, and in some cases trial.
Who Can Contest a Will in Florida?
Not everyone who disagrees with a will has the legal right to challenge it. Florida law requires that a person contesting a will have legal standing — meaning they must be an interested person under Florida Statute Section 731.201(23). In the context of a will contest, interested persons typically include heirs at law who would inherit under Florida intestate succession laws if no valid will existed, beneficiaries named in a prior version of the will whose inheritance was reduced or eliminated in the challenged will, and in some cases beneficiaries named in the current will who believe certain provisions do not reflect the testator's true intent.
Legal Grounds to Contest a Will in Florida
Florida law recognizes the following specific grounds for contesting a will:
Lack of Testamentary Capacity. Under Florida Statute Section 732.501, the person making the will must have been of sound mind at the time of execution. Capacity claims most frequently arise when the testator was suffering from dementia, Alzheimer's disease, severe mental illness, or the effects of medications that compromised their judgment.
Undue Influence. Undue influence occurs when someone in a position of trust used that position to override the testator's free will and substitute their own wishes in the making or modification of the will. Florida courts apply a burden-shifting framework derived from In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971).
Fraud. A will may be challenged when the testator was deceived into signing the document — either through fraud in the execution or fraud in the inducement.
Improper Execution. Florida Statute Section 732.502 requires that a will be in writing, signed by the testator at the end, and witnessed by two individuals who sign in the presence of the testator and each other. Failure to satisfy any of these requirements renders the will invalid.
Forgery. When a will or a signature was not made by the testator but was created or altered by another person without authorization, the will may be challenged on grounds of forgery — typically requiring forensic document examiner testimony.
The Deadline to Contest a Will in Florida
Under Florida Statute Section 733.212, once a will has been admitted to probate and a personal representative appointed, all interested parties must be served with a Notice of Administration. Upon receiving this notice, you have 90 days to file a petition contesting the will. This deadline cannot be extended. If a Formal Notice of the Petition for Administration is served before the will is admitted to probate, the deadline is shortened to 20 days. Missing either deadline permanently eliminates your right to contest the will — regardless of how strong your case may be.
If you have received a Notice of Administration or have any reason to believe a will contest may be necessary, contact The Law Offices of Richard Corey, PLLC immediately.
What Happens If a Will Contest Is Successful?
If the probate court finds the will invalid, several outcomes are possible. If a prior valid will exists, that earlier will may be admitted to probate in its place. If no prior valid will exists, the estate will be distributed under Florida intestate succession laws. In some cases, the court may invalidate only specific provisions — striking portions procured through undue influence while upholding the remainder of the testator's plan.
How The Law Offices of Richard Corey, PLLC Can Help
Managing Attorney Richard P. Corey is a three-time Super Lawyers Rising Stars recipient in civil litigation — a distinction awarded to fewer than 2.5% of attorneys in Florida — a TEDx Ocala 2025 speaker, and a Member of the Bar of the Supreme Court of the United States. He brings genuine trial-ready civil litigation experience to every will contest matter the firm handles, combined with the compassion that families navigating estate disputes deserve. Every client works directly with Richard.
We represent will contest clients throughout Fort Lauderdale, Broward County, Miami-Dade County, Palm Beach County, and across the state of Florida.
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