Losing someone you love is hard enough. Finding out that their will does not look anything like what they told you can make that grief feel even heavier. Maybe your mother always said the house would be split between you and your brother, but the will leaves everything to a new caregiver. Maybe your father signed a new will just weeks before he passed, while his memory was failing. Or maybe a sibling who handled everything at the end is suddenly the only one named.
If something feels wrong, you deserve answers. At Silvers Law, P.A., we help families in Clearwater and throughout Pinellas County understand their rights when a will does not seem to reflect what their loved one truly wanted. In this guide, we walk you through how to contest a will in Florida, including who can do it, what grounds are recognized, and why acting quickly matters.
What Does It Mean to Contest a Will?
Contesting a will means formally asking the probate court to decide that a will, or part of it, is not valid. If the court agrees, the will may be set aside. The estate would then pass under an earlier valid will or, if there is none, under Florida’s intestacy laws.
In Florida, will contests happen within the probate case, which is governed by the Florida Probate Code, including Chapter 733 of the Florida Statutes. In Clearwater and the rest of Pinellas County, these cases are heard in the probate division of the Sixth Judicial Circuit.
One important note: in Florida, you cannot challenge a will while the person who made it is still alive. Under Section 732.518, Florida Statutes, a will contest may only be filed after the person’s death.
Who Can Contest a Will in Florida?
Not everyone who is unhappy with a will has the right to challenge it. Florida law requires that you be an interested person, meaning you would be affected by the outcome. This usually includes:
- Beneficiaries named in the current will
- Beneficiaries named in an earlier will who would receive more if the current will were set aside
- Heirs who would inherit under Florida law if there were no valid will, such as a spouse or children
For example, if your father’s older will left you half of his estate and his newest will leaves you nothing, you likely have standing to challenge the newer document. If you were never named in any will and would not inherit under Florida law, you probably do not.
Common Grounds for Contesting a Will
Being disappointed or surprised by a will is not enough on its own. You must show a legal reason the will is invalid. These are the most common grounds we see.
Lack of Testamentary Capacity
Your loved one must have been of sound mind when signing the will. That generally means they understood what they owned, who their family members were, and what the will would do. Dementia, Alzheimer’s disease, strong medications, or serious illness can raise questions, but a diagnosis alone does not automatically make a will invalid. What matters is their mental state at the time of signing.
Undue Influence
This is one of the most common claims we see. Undue influence happens when someone pressures or manipulates a vulnerable person into changing their will for that person’s benefit. Families often recognize warning signs like these:
- A caregiver, new friend, or relative who isolated your loved one from family
- A person who arranged the attorney, attended the meeting, or kept the new will hidden
- Sudden changes that heavily favor one person
- A loved one who was dependent, frail, or easily influenced
Under Section 733.107, Florida Statutes, when certain facts are shown, such as a close relationship of trust combined with active involvement in creating the will, a presumption of undue influence can arise. That can shift the burden to the person defending the will.
Improper Execution
Florida has strict signing rules. Under Section 732.502, a will must be signed at the end by the person making it and witnessed by two people who sign in their presence and in the presence of each other. If these steps were not followed, the will may be invalid.
Fraud, Duress, or Forgery
A will may be challenged if your loved one was tricked into signing it, forced to sign under threat, or if the signature itself is not genuine.
Revocation
Sometimes a will offered for probate was actually revoked by a later will or by being intentionally destroyed. Proving revocation can change which document controls.
Florida Does Not Enforce No Contest Clauses
Many people worry about losing their inheritance if they challenge a will. Some wills include a no contest clause, which says a beneficiary who challenges the will forfeits their share. In Florida, these clauses are not enforceable. Under Section 732.517, a penalty clause of this kind is void.
That does not mean a contest should be filed lightly. Litigation takes time, money, and emotional energy, and it can affect family relationships. But you should not let fear of a no contest clause keep you from asking legitimate questions.
Essential Steps to Contest a Will in Florida
Every case is unique, but here is how the process generally unfolds.
1. Act Quickly
Deadlines in Florida are short. Under Section 733.212, once you are served with a notice of administration, you generally have only three months to file an objection challenging the validity of the will. Missing this deadline can permanently end your ability to contest. If you suspect a problem, please contact an attorney right away.
2. Consider Filing a Caveat
If your loved one has passed and you expect a will you disagree with to be offered for probate, you may be able to file a caveat under Section 731.110. A caveat asks the court to notify you before a will is admitted, giving you a chance to respond.
3. Gather Information and Evidence
Helpful evidence may include earlier wills, medical records, emails, texts, financial records, and statements from friends, neighbors, caregivers, or doctors who saw your loved one around the time the will was signed. We help you identify what matters and how to obtain it.
4. File the Objection or Petition
Your attorney prepares and files the proper pleading with the probate court, stating the legal grounds for the challenge.
5. Discovery
Both sides exchange information. This can include depositions of witnesses, the attorney who drafted the will, and medical providers.
6. Mediation
Many Florida will contests are resolved in mediation. A neutral mediator helps the family reach an agreement without a trial. For many families, this saves money, time, and relationships.
7. Trial
If the matter does not settle, a probate judge decides whether the will is valid based on the evidence.
Tips for Families Considering a Will Contest
Based on what we have seen help families, here are a few tips to keep in mind:
- Do not wait. The three month deadline moves faster than most people expect.
- Write down what you remember. Dates, conversations, and changes in your loved one’s behavior can become important evidence.
- Keep communication calm. Emotional messages to other family members can complicate the case.
- Be realistic about costs. Florida courts may award attorney fees in some probate disputes under Section 733.106, but you should not assume your fees will be paid by the estate.
- Ask about trusts too. If your loved one also had a trust, it may need to be challenged separately, and different rules may apply.
- Work with a probate focused attorney. Will contests depend heavily on Florida procedure and deadlines.
What If You Are Defending a Will?
Sometimes families come to us from the other side. You may be the personal representative trying to carry out your loved one’s wishes while a relative threatens to challenge the will. That can be just as stressful. We help personal representatives understand their duties, respond to objections, and protect the estate so your loved one’s true intentions are honored.
Why Work With Silvers Law, P.A.?
Will contests combine grief, family history, and strict legal rules. This is not something to trust to an attorney who handles probate only occasionally. At Silvers Law, P.A., estate planning, probate and trust administration, and guardianship are our entire focus.
Just as you would see a cardiologist for a heart condition rather than a brain surgeon, your family deserves an attorney who has devoted their career to this area of law.
We can help you:
- Evaluate whether you have standing and valid grounds to contest a will
- Meet critical Florida deadlines, including filing a caveat when appropriate
- Gather and review medical, financial, and witness evidence
- Navigate the Pinellas County probate process
- Pursue a fair resolution through mediation whenever possible
- Support personal representatives who are defending a will
- Plan your own estate so your family is less likely to face a dispute
Above all, you will never be just another file to us. We listen to your story, respect what you are going through, and give you honest guidance about your options.
Take the Next Step With Silvers Law, P.A.
If you believe a loved one’s will does not reflect their true wishes, time matters. Contact Silvers Law, P.A. in Clearwater today to schedule a consultation. We will help you understand your rights and decide on the best path forward for you and your family.
This article is for general educational purposes and is not legal advice. Reading it does not create an attorney client relationship. Please contact Silvers Law, P.A. to discuss your specific situation.
