If you believe a loved one’s will doesn’t reflect their true wishes — or that someone manipulated them into signing it — you may have the right to contest a will in Florida. Will contests are among the most emotionally charged and legally complex proceedings in probate court. Understanding your grounds, the process, and the realistic timeline is essential before you decide to challenge a will.

At The Montilla Law Firm, we help Florida families navigate these difficult disputes with clear-headed legal strategy. This guide breaks down everything you need to know about contesting a will in Florida.

What Does It Mean to Contest a Will in Florida?

Contesting a will means formally challenging its legal validity in probate court. You’re not just disagreeing with how assets were divided — you’re arguing that the will itself is legally defective and should not be admitted to probate, or should be set aside after admission.

Florida’s probate system is governed by the Florida Probate Code (Chapters 731–735, Florida Statutes). Will contests happen within the probate proceeding and are decided by a circuit court judge — there is no jury in Florida probate matters.

Before contesting a will in Florida, you must have legal standing — meaning you are an interested person whose rights are directly affected by the outcome. This typically includes:

• Beneficiaries named in the contested will
• Beneficiaries named in a prior will
• Heirs who would inherit under Florida intestacy law if the will is invalid
• Creditors of the estate in some circumstances

If you’re unsure whether you have standing, an attorney can assess your situation quickly. You can reach The Montilla Law Firm at (407) 308-2386 for a free consultation.

Grounds to Contest a Will in Florida

Florida law recognizes several legal grounds for challenging a will. You need at least one — and you must be able to support it with evidence. Disapproving of how your relative distributed their assets is not, by itself, a legal ground.

1. Lack of Testamentary Capacity

For a will to be valid, the person signing it (the “testator”) must have had testamentary capacity at the time of signing. Under Florida law, this means the testator must have understood:

• The nature and extent of their property
• Who their natural heirs are (spouse, children, etc.)
• What a will does and what they were signing
• How these things relate to the overall plan of distribution

Lack of capacity is commonly raised when the testator had dementia, Alzheimer’s disease, severe mental illness, or was under heavy medication at the time of execution. Medical records, caregiver testimony, and psychiatric evaluations are key evidence in these cases.

Important: the standard is capacity at the moment of signing, not a general decline. A person with early-stage dementia may still have had a lucid moment when the will was executed — making these cases highly fact-specific.

2. Undue Influence

Undue influence is the most frequently litigated ground for contesting a will in Florida. It occurs when someone exerts so much pressure on the testator that it overpowers their free will — causing them to sign a will that reflects the influencer’s wishes, not their own.

Florida courts look for a combination of factors:

• A confidential relationship between the influencer and the testator (caregiver, family member, attorney, financial advisor)
• The testator was susceptible to influence (elderly, ill, isolated, dependent)
• The influencer had opportunity to exert influence
• The will contains unnatural provisions — such as disinheriting close family members in favor of a recent acquaintance

Under Florida Statute § 733.107, if a beneficiary had a confidential relationship with the testator and was actively involved in procuring the will, a presumption of undue influence arises and the burden shifts to that beneficiary to disprove it. This is a significant legal advantage for challengers in the right circumstances.

3. Fraud or Forgery

Fraud occurs when someone deceives the testator into signing a will — for example, by misrepresenting what the document is or lying about a beneficiary’s conduct. Forgery means the testator’s signature was fabricated entirely. Both are grounds to invalidate a will, and both can also expose the perpetrator to criminal liability.

4. Improper Execution

Florida has strict formal requirements for a valid will under Florida Statute § 732.502:

• The will must be in writing
• Signed by the testator (or by someone at their direction in their presence)
• Signed in the presence of two witnesses, who must sign in the presence of the testator and each other

If these formalities were not followed, the will may be void regardless of the testator’s intent. Unlike some states, Florida does not recognize holographic (handwritten, unwitnessed) wills — so a handwritten note or personal letter, however heartfelt, has no legal effect as a will.

5. Revocation

A will may also be challenged on the ground that it was revoked before the testator died — whether by a subsequent will, a written revocation, or a physical act (burning, tearing, or obliterating the document). If a later valid will exists, the earlier one is superseded.

The Florida Will Contest Process: Step by Step

Contesting a will is a formal legal proceeding. Here’s how it typically unfolds:

Step 1: File an Objection or Petition

If the will has already been admitted to probate, you file a Petition to Revoke Probate of Will in the circuit court where probate is pending. If the will has not yet been admitted, you can file a formal objection before admission. Timing matters — Florida has strict deadlines.

Step 2: Serve All Interested Parties

All interested persons must be served with formal notice of the contest. This triggers their right to respond and participate in the proceeding.

Step 3: Discovery

Both sides conduct discovery — depositions of witnesses and the drafting attorney, subpoenas for medical records, financial records, and communications, and expert witness retention. This is often the most time-consuming phase.

Step 4: Mediation

Florida probate courts routinely order mediation before allowing will contests to proceed to trial. Many cases settle here — which can save all parties significant time, money, and emotional strain.

Step 5: Trial

If mediation fails, the case goes to a bench trial before a circuit court judge. The judge evaluates evidence and testimony and issues a ruling on whether the will stands or falls.

If the will is invalidated, the estate may be distributed under a prior valid will, or — if no valid will exists — according to Florida’s intestacy laws.

How Long Does a Will Contest Take in Florida?

Realistic timelines depend on the complexity of the case and the court’s docket:

• Simple cases: 6–12 months
• Contested cases with full discovery: 1–2 years
• Complex cases with multiple parties or expert witnesses: 2–4 years or more

Meanwhile, the probate process itself may be partially stayed or continue in parallel depending on the court’s orders. Estate assets are generally frozen or held in trust during an active will contest, which can create financial hardship for heirs depending on those funds.

The No-Contest Clause: Does Florida Honor Them?

Many wills include an in terrorem or “no-contest” clause that disinherits any beneficiary who challenges the will. Florida does not enforce no-contest clauses. Under Florida Statute § 732.517, these provisions are void as against public policy.

This means you can contest a Florida will without risking your share of the estate under the will — a significant difference from states like California or New York, where no-contest clauses carry real teeth.

Can You Challenge a Revocable Living Trust?

Yes — the same grounds that apply to wills (undue influence, lack of capacity, fraud) can also be used to challenge a revocable living trust. Trust contests are governed by Florida Statute § 736.0604 and follow a similar but not identical process. If a decedent used a trust to avoid probate, challenging the trust may be the only avenue to recover what you believe is rightfully yours.

What Does It Cost to Contest a Will in Florida?

Will contest litigation is expensive. Attorney’s fees, expert witness costs, deposition fees, and court costs can easily run into tens of thousands of dollars — more in complex cases. Some attorneys handle will contests on a contingency basis (a percentage of the recovery), while others charge hourly.

Before proceeding, a qualified probate litigation attorney should give you an honest assessment of your evidence, your odds of success, and whether the likely recovery justifies the cost and emotional toll of litigation.