Finding something unexpected in a loved one’s will can raise difficult questions. Perhaps the will was changed shortly before death, one family member suddenly received a much larger share of the estate, or the terms seem completely different from what the person had discussed for years.
Disagreeing with a will, however, is not enough to have it set aside. In Florida, there must be a legal basis for challenging its validity, and there are important deadlines and procedures involved.
What Does It Mean to Contest a Will?
A will contest is a legal challenge to the validity of all or part of a will. Under Florida law, a will contest cannot be brought while the person who made the will is still alive.
The challenge generally becomes part of the probate proceeding after death. Florida probate rules treat a proceeding contesting the validity of a will as an adversary proceeding, meaning it is handled more like traditional litigation than an uncontested probate matter.
A successful challenge could result in all or part of a will being declared invalid. Depending on the circumstances, an earlier valid will may then control, or Florida intestacy law may determine who inherits if there is no other valid will.
What Are the Grounds for Contesting a Will?
There are several reasons a Florida will may be challenged. One is lack of testamentary capacity. Florida law requires someone making a will to be of “sound mind.” A serious cognitive impairment or other condition may raise questions about whether the person understood what they were signing at the time the will was executed.
Undue influence is another common concern. This can arise when someone in a position of trust or influence improperly affects the person’s estate planning decisions for that individual’s own benefit. Florida law also provides that a will, or part of a will, may be void if its execution was procured through fraud, duress, mistake, or undue influence.
A challenge may also involve the way the will was signed. Florida law generally requires a written will to be signed by the person making it and witnessed according to specific formalities. A failure to follow those requirements may raise questions about whether the document is a valid will.
An Unusual Will Is Not Necessarily an Invalid Will
A parent can leave children unequal inheritances. Someone can change beneficiaries late in life. A person may even choose to leave a close relative nothing at all, subject to certain protections Florida law provides to spouses and others in specific circumstances.
Those decisions may be surprising or painful, but an unexpected result by itself does not establish that a will is invalid. The focus of a will contest is generally on whether there is evidence of a legal problem with the will or the circumstances surrounding its creation.
That distinction is important because probate disputes can become expensive and emotionally difficult. Before starting a challenge, it helps to understand what evidence actually exists and whether it supports a recognized legal basis for contesting the will.
What Kind of Evidence May Matter?
The evidence will depend on the reason for the challenge. Questions about capacity might involve medical records, testimony from people who interacted with the person around the time the will was signed, or information about the circumstances surrounding the estate planning meeting.
An undue influence claim may involve a different set of facts. For example, it may be important to understand who arranged the estate planning appointment, who communicated with the attorney, whether the person had become dependent on someone else, and how dramatically the new will differed from an earlier estate plan.
Florida law places the initial burden on the person offering the will to establish its proper execution and attestation. Once that is established, the person contesting the will generally has the burden of proving the grounds for the challenge, although the rules concerning undue influence can affect how the burden of proof operates.
Timing Can Be Critical
Someone considering a will contest should not assume there will be plenty of time to decide what to do.
For example, an interested person who receives a Florida notice of administration generally must file an objection challenging the validity of the will within three months after the notice is served. Florida law places very limited restrictions on extending that deadline. Other procedural circumstances can also affect when and how a challenge must be raised.
Because those deadlines can have serious consequences, concerns about a will should be reviewed promptly rather than waiting for the probate process to move forward.
What Happens After a Will Is Challenged?
A will contest may involve written pleadings, requests for documents, witness testimony, depositions, and ultimately a court hearing or trial if the dispute is not resolved earlier. The estate administration does not necessarily stop simply because someone challenges the will. Florida law allows the personal representative to continue administering the estate while a petition to revoke probate is pending, although certain distributions may be restricted until the dispute is resolved.
Some cases are resolved through negotiation or settlement. Others require the court to decide whether the challenged will should remain in effect.
Questions About a Florida Will?
Suspecting that something is wrong with a will and proving that the will is legally invalid are two different things. The circumstances surrounding the document, the available evidence, and the applicable deadlines all matter.
If you have questions about a will, an unexpected change to an estate plan, or a possible probate dispute, contact Eastham Law Offices. Call our office at 561-395-6800, or reach out through our website to discuss the situation and the options that may be available.