Will Contests

Will contests involve legal disputes over the validity and fairness of a deceased person’s will. This page outlines common grounds for contesting a will, when to consider such a challenge, and the steps involved in the will contest process. It also provides insight into special considerations for Florida-based will contests, time limitations, and the potential outcomes of a successful challenge. The emotional and financial considerations are also discussed, as well as ways to avoid future disputes. Learn how AnidjarLaw can guide you through the complexities of will contests.
Use the navigation below to explore the various aspects of will contests and how our experienced team can assist you in ensuring your interests are protected during this challenging process.

• About Will Contests
• Understanding Will Contests
• Common Grounds for Challenging a Will
• When to Consider Challenging a Will
• The Will Contest Process
• Special Considerations for Will Contests in Florida
• Time Limitations and Statutes of Limitation
• Potential Outcomes of a Successful Will Contest
• The Emotional and Financial Considerations
• Working with AnidjarLaw
• Avoiding Future Disputes
• Frequently Asked Questions (FAQs)

Contesting a will can be a complex and emotionally charged process. Families often find themselves in tense disputes over whether a loved one’s last will and testament is valid or reflects the true wishes of the decedent. In Florida, as in most other states, those with a legitimate interest in an estate may challenge a will on legally recognized grounds. Understanding how a will contest works, when it is appropriate to initiate one, and what outcomes you can expect can make all the difference in safeguarding your rights, or ensuring that a loved one’s final wishes are respected.

AnidjarLaw is located in Hollywood, Florida, Broward County, and is prepared to guide you through each step of a will contest. Our attorneys have extensive experience in probate litigation, helping individuals and families resolve disputes over the validity and interpretation of wills. The following information is designed to give you a comprehensive understanding of will contests, including the common grounds for challenging a will, the legal process in Florida, the emotional considerations, and how AnidjarLaw can provide valuable support.

A will contest is a legal proceeding in which a person (the “contestant”) challenges the validity of a deceased individual’s (the “testator”) last will and testament. The contestant asks the probate court to declare the will invalid in whole or in part. If the court deems the will invalid, it may look to a prior valid will or, in the absence of such a document, apply intestacy laws to distribute the estate.

In Florida, the probate process involves a court supervised administration of a decedent’s estate. The court confirms the authenticity of the will, if one exists, and oversees the payment of debts and distribution of assets to beneficiaries. If someone raises a legitimate contest, the probate proceedings can become more complex, sometimes involving negotiations, settlements, or a full blown trial.

Contests must be based on specific legal grounds recognized under Florida law (and generally recognized throughout the United States). Merely disagreeing with the distribution of assets is not sufficient to invalidate a will. Moreover, strict procedural deadlines apply, so it is essential to act promptly if you suspect a will is not valid.

In Florida and elsewhere, courts require that parties contesting a will present recognized legal grounds for their challenge. While each case may present unique issues, the following are the most common grounds:

1. Lack of Testamentary Capacity
   The person creating the will (the testator) must possess testamentary capacity at the time of signing. Under Florida law, testamentary capacity means the testator understands the nature and extent of their assets, knows who the natural beneficiaries of their estate are (close family members, for example), and comprehends the legal effect of creating a will. If a testator suffered from cognitive impairment, severe mental illness, or was under heavy medication that impaired their judgment, it could undermine the validity of the document.
2. Undue Influence
   Undue influence occurs when someone in a position of trust or authority exerts excessive pressure or manipulation over the testator, effectively supplanting the testator’s free will with their own desires. This often happens when a caregiver, close friend, or relative isolates the testator, dictating terms of the will to favor themselves or another party. To prove undue influence in Florida, you generally need to demonstrate a confidential relationship and active procurement of the will’s provisions, among other factors.
3. Fraud or Forgery
   Fraud in the creation or execution of a will can take many forms, such as tricking the testator into signing a document they believed was something else or intentionally misrepresenting facts so the testator will include certain provisions. Forgery involves signing the testator’s name without authorization, altering the text without their consent, or otherwise falsifying the document. Courts can invalidate any will found to be the product of fraud or forgery.
4. Failure to Comply with Legal Formalities
   Florida, like most states, has strict statutory requirements for a will to be valid:
   • The will must be in writing.
   • The testator must sign the will (or direct another person to sign on their behalf in their presence).
   • The will must be witnessed by two people, each of whom signs in the presence of the testator and in the presence of each other.

   If a will is missing any of these elements, it may be declared invalid.

5. Existence of a Subsequent Will
   A more recent will that expressly revokes a prior will generally governs the estate. Sometimes, multiple wills surface, each with different dates and provisions. If you can prove that the newer will is valid, the older one can be set aside.

Challenging a will requires a factual investigation and often involves gathering substantial evidence, including medical records, witness testimony, or expert reports. An attorney at AnidjarLaw can help you evaluate whether your concerns meet the legal criteria for a valid challenge and advise you on how to proceed.

Contesting a will involves legal fees, time commitments, and emotional strain, particularly during a period of grief. Below are scenarios in which you might consider a will contest:

• You Believe Someone Manipulated the Decedent: If you suspect undue influence, fraud, or forgery, legal action may be necessary to prevent the wrongdoer from benefiting at the expense of rightful beneficiaries.
• Abrupt or Suspicious Will Changes: A will changed shortly before death, especially under unusual circumstances, can be a red flag. For example, if a long term estate plan was suddenly and drastically revised, excluding children or close relatives for the benefit of a new acquaintance, it may warrant investigation.
• Concerns About the Decedent’s Mental Health: If the testator was suffering from dementia, Alzheimer’s disease, or another cognitive impairment, you may have grounds to argue they lacked testamentary capacity.
• Apparent Legal Defects: If the will lacks witness signatures, is missing a signature by the testator, or otherwise fails to comply with Florida’s formalities, it may be declared invalid.

Before contesting a will, it is important to weigh whether the potential benefits, both financial and moral, justify the associated costs. An attorney at AnidjarLaw can provide a clear assessment of your case, including possible outcomes and an estimated timeline.

While each probate dispute is unique, many will contests in Florida follow a similar sequence of events. Below is a general outline of what to expect:

1. Initial Consultation with an AttorneyThe first step is to speak with a qualified probate litigation attorney. At AnidjarLaw, we will review any available documentation (including the will itself and any prior wills), discuss the potential grounds for challenge, and outline your legal options.
2. Filing a Petition or ObjectionIf you decide to move forward, your attorney will file the required documents, often a petition or objection to the will, in the probate court. This filing specifies your reasons for believing the will should be invalidated.
3. Notification of Interested PartiesBeneficiaries named in the will, as well as anyone who would inherit under a previous will or by Florida intestacy laws, must be notified of the challenge. Each party has the right to respond to your petition and present their own arguments or evidence.
4. DiscoveryDiscovery is a pre-trial phase in which each side gathers evidence. This may include:
   • Depositions: Sworn interviews with witnesses (including those who witnessed the signing of the will, the drafting attorney, and anyone who can shed light on the testator’s mental state).
   • Document Requests: Gathering relevant papers, medical records, or financial statements.
   • Expert Analysis: Engaging handwriting experts, forensic accountants, or medical professionals to examine allegations of forgery, undue influence, or lack of capacity.
5. Settlement NegotiationsBecause probate litigation can be costly and protracted, many parties attempt to settle before going to trial. Settlements might involve reallocating assets among beneficiaries or modifying certain provisions of the will. A settlement can provide a quicker resolution, reduce legal fees, and help preserve familial relationships.
6. TrialIf settlement discussions fail, the matter proceeds to trial. Each side presents evidence and arguments. In Florida, most probate disputes are heard by a judge, although there may be scenarios where a jury trial is possible. The judge will determine whether the will meets legal standards and if the grounds for contesting have been sufficiently proven.
7. Court Rulings and AppealsIf the judge invalidates the will, the estate may be distributed under a prior will or under Florida’s intestacy rules if no valid prior will exists. If the judge upholds the will, it stands as the controlling estate document. Parties have the option to appeal, but appeals generally focus on whether legal or procedural errors were made, rather than re-litigating factual disputes.

Navigating this process can be overwhelming without experienced legal counsel. An attorney from AnidjarLaw can guide you through each step, ensuring strict compliance with Florida’s procedural rules and deadlines.

Because AnidjarLaw is located in Hollywood, Florida, Broward County, our attorneys focus on the specific probate requirements and deadlines applicable under Florida law. Key points to keep in mind include:

• Florida Statutory Deadlines
  Under Florida law, once a will is admitted to probate, potential contestants often have a limited window, commonly 90 days from receiving a “Notice of Administration,” to file any objections. If the contestant was served with the Notice of Administration before the will was admitted to probate, the deadline can be shorter, sometimes 20 days. Missing these deadlines generally bars any future will contest.
• Homestead Property Rules
  Florida has special protections for homestead properties. The decedent’s primary residence may be protected from certain creditors and subject to restrictions on how it can be devised. A testator cannot give away the homestead in a way that violates Florida’s constitutional and statutory rules. If such a violation exists, the will provision attempting to convey the homestead may be invalid.
• Elective Share
  Surviving spouses in Florida generally have the right to claim an elective share, usually 30% of the estate, even if the will leaves them less. This can create additional legal complexities if the will does not clearly provide for the spouse, and it may trigger disputes among the spouse and other beneficiaries.
• No Contest Clauses
  In some states, no-contest clauses (also known as in terrorem clauses) penalize a beneficiary who challenges a will by reducing or eliminating their inheritance if the challenge fails. In Florida, these clauses are unenforceable. That means a beneficiary cannot be forced to forfeit their share simply because they attempted a contest.
• Formal Execution Requirements
  Florida requires that the testator sign the will at the end of the document, in the presence of two witnesses, who must also sign in the presence of the testator and each other. If these conditions are not met, the will can be declared invalid. Some states allow holographic wills (handwritten and unwitnessed) or oral wills, but Florida generally does not recognize these forms unless they meet very specific criteria (such as a valid out-of-state will that complied with the laws where executed).

Having an attorney well-versed in Florida’s probate statutes and case law is crucial. Even seemingly minor details, like the timing of witness signatures, can determine whether the will stands or falls in a court challenge.

Florida sets strict deadlines for filing a will contest, emphasizing the importance of promptly seeking legal counsel. If you believe a will is invalid, do not delay in consulting an attorney to determine the relevant deadlines in your case:

• Notice of Administration:Once you are served with this notice, the clock may start ticking. Depending on the circumstances, you might have as little as 20 days or as many as 90 days to file an objection.
• Statute of Limitations:If a will has already been admitted to probate and no contest is raised within the statutory period, your right to challenge it is likely forfeited.

Failure to meet these deadlines typically results in losing your chance to contest the will, regardless of the strength of your claims. Contacting AnidjarLaw at the earliest sig

When a court finds that a will is invalid in part or in whole, it may implement one of several remedies:

• Complete Invalidation:If the issues (e.g., undue influence or fraud) go to the core of the will’s creation, the court may declare the entire document void.
• Partial Invalidation:The court may strike down only the problematic provisions, leaving the remainder of the will intact.
• Reinstatement of a Prior Will:If a valid earlier will exists, the estate may be administered under its terms.
• Intestacy:If no valid will exists, the estate is distributed according to Florida’s intestacy laws, typically favoring the decedent’s spouse and children, followed by other close relatives.

Identifying which outcome applies often depends on the specifics of the decedent’s estate plan and the nature of the successful challenge.

Will contests can be fraught with emotional and financial stress. The process often involves family members disputing one another’s inheritances, rehashing old grievances, and revisiting painful memories of the decedent’s final days. It is not uncommon for personal relationships to suffer when accusations of undue influence or fraud come to light.

Moreover, litigation expenses can mount quickly. Attorney’s fees, court costs, and expert witness fees are common expenditures. Parties may choose to settle to reduce these costs and to prevent prolonged conflict. Before proceeding with a will contest, it is wise to evaluate whether the potential financial gain (or the principle at stake) justifies the emotional and monetary price.

An attorney from AnidjarLaw can provide counsel not only on the legal aspects of your case but also on the practical and emotional factors. We strive to approach each matter with empathy, recognizing that you are navigating both legal and personal challenges.

AnidjarLaw, located in Hollywood, Florida, Broward County, provides dedicated legal representation in will contests and other probate litigation matters. Our attorneys are equipped with the local knowledge and experience necessary to handle intricate estate disputes. Here is how our firm can assist:

1. Case Assessment:We begin by evaluating all relevant documents, including the contested will, prior wills, medical records, and financial statements. This thorough review allows us to identify potential grounds for contest and develop a strategy tailored to your situation.
2. Strategic Advising:Will contests involve multiple strategic decisions, such as whether to pursue a settlement or proceed to trial. AnidjarLaw provides transparent guidance on the strengths and weaknesses of your case, helping you make informed choices at every juncture.
3. Evidence Gathering:Effective advocacy often hinges on collecting the right evidence. Whether you need medical experts to assess testamentary capacity or handwriting analysts to investigate suspected forgery, we coordinate these efforts seamlessly to build a robust argument.
4. Representation in Negotiations and Court:Our attorneys are skilled negotiators who can represent your interests during mediation or settlement discussions. If a favorable settlement proves elusive, we are prepared to litigate the dispute in court. Our team is well-versed in Florida probate rules and procedures, ensuring compliance at all stages.
5. Compassionate Client Support:We understand that will contests are not merely about the transfer of assets, they also involve personal and familial sensitivities. Our aim is to handle every matter with compassion, maintaining open lines of communication and treating clients with the dignity and respect they deserve.

While AnidjarLaw focuses on resolving existing disputes, we also encourage proactive measures to avoid future conflicts over your estate plan. Proper estate planning not only ensures your final wishes are carried out but can also reduce the likelihood of a successful challenge. Consider the following steps:

1. Regular Updates to Your Will:Events like marriage, divorce, the birth or adoption of children, or significant financial changes may necessitate revising your will. Keeping your documents current reduces the chance of confusion or conflicting provisions.
2. Medical Evaluations:If mental competency could be an issue, obtaining a doctor’s evaluation before executing or updating your will can serve as powerful evidence of capacity. This evaluation can discourage frivolous claims of incapacity.
3. Detailed Explanations:Some testators attach a letter explaining the reasoning behind their distributions. While not legally binding, this personal narrative can clarify your wishes and deter accusations of undue influence.
4. Consulting Experienced Professionals:Florida’s requirements for executing wills are strict. Working with an experienced estate planning attorney ensures your document is valid and thoroughly addresses your needs, reducing the possibility of future litigation.

By adopting these measures, you can minimize the odds that your heirs will face a protracted court battle. If you need assistance creating or revising a will, or any other estate planning documents, AnidjarLaw can guide you through each step.

Who can contest a will in Florida?

Generally, any person with a direct financial interest in the estate may contest the will. This often includes beneficiaries named in the will, beneficiaries named in previous wills, and heirs at law (such as the surviving spouse or children). If you are unsure whether you have legal standing to challenge a will, consult with AnidjarLaw to determine your eligibility.

Can I challenge a will before the testator dies?

No. A will has no legal effect until the testator passes away. Therefore, courts will not consider a will contest while the testator is still alive. If you have concerns about a loved one’s estate plan, the best approach is often to discuss your worries candidly before they pass, although that is not always feasible or welcome.

How long does a will contest take?

The timeline depends on multiple factors, including the complexity of the estate, the availability of evidence, the willingness of parties to negotiate, and the court’s schedule. Some disputes may settle in a few months, while others can drag on for a year or more, especially if they proceed to trial.

What if there is a no contest clause?

Florida does not enforce no contest clauses. Even if the will says that a beneficiary who contests it forfeits their inheritance, courts in Florida generally will not uphold this penalty. However, you should still proceed with caution and seek legal advice, as there may be other strategic or relational considerations.

What does it cost to contest a will?

Costs vary widely based on whether the case settles or proceeds to trial, the need for expert witnesses, and the estate’s size. AnidjarLaw can discuss fee arrangements and potential costs at the outset, allowing you to make an informed decision about pursuing a challenge.

What if I discover a more recent will?

If a newer will exists and you can prove it was validly executed, Florida law generally considers the latest valid document to supersede earlier versions. The discovery of a subsequent will is a common reason to challenge a previously admitted will.

Our office is located in Hollywood, Florida, Broward County. If you believe a loved one’s will does not accurately represent their final wishes, or if you need guidance with probate litigation in general, reach out to us for a confidential consultation. Our goal is to protect your rights, advocate for your best interests, and bring clarity to what can often be an overwhelming legal situation. With AnidjarLaw on your side, you can navigate the complexities of will contests with confidence.