How to Contest a Will in Florida — Grounds, Deadlines, and What to Expect

In Florida, a will can only be challenged on specific legal grounds such as lack of testamentary capacity, undue influence, fraud, duress, or improper execution. These challenges must be filed quickly—generally within three months of receiving the formal Notice of Administration—making timing one of the most important factors in whether a will contest succeeds. For families in Orlando, Orange County, and across Florida, understanding the process early can help protect a loved one’s true intentions and prevent permanent loss of legal rights.

At the Law Office of Robyn L. Lesser, P.A., we guide beneficiaries and interested parties through will contests statewide, helping them understand both the law and the deeply emotional context behind these decisions.

Who Can Contest a Will in Florida?

Only certain people have standing to challenge a will. In Florida, you may contest a will if you are:

• A beneficiary named in the current will
• A beneficiary named in a prior will who receives less or nothing under the new one
• An heir who would inherit if the will were invalidated
• Someone with a direct financial interest affected by the outcome

Will contests are filed in the probate court handling the estate—often in Orange County for families in Orlando. Because the court requires clear legal grounds, learning those grounds is the essential starting point.

Ground 1: Lack of Testamentary Capacity

A person must understand what they are signing when they execute a will. This means they must know:

• The nature and extent of their assets
• Who their natural heirs are
• What the will is intended to accomplish

Example: An elderly parent signs a new will during a period of memory loss, confusion, or advanced dementia. If they did not understand what they were doing at the time of signing, the will may be invalid.

Medical records, testimony from caregivers, and documentation of cognitive decline can all be critical evidence.

Ground 2: Undue Influence

Undue influence occurs when someone pressures, manipulates, or isolates the person making the will, causing them to change their estate plan against their true wishes. This is one of the most common grounds for will contests in Florida.

Example: A caregiver, new spouse, or adult child suddenly becomes the primary beneficiary after spending months controlling access, handling finances, or discouraging family contact.

The court looks closely at the relationship between the influencer and the decedent, as well as suspicious changes made late in life.

Ground 3: Fraud or Duress

Fraud occurs when someone deceives the person making the will—such as by lying about facts or hiding information—to influence how the will is written. Duress involves threats or coercion.

Example: A beneficiary lies by claiming another family member “doesn’t care anymore” or threatens to withhold care unless the will is changed.

Fraud and duress are serious forms of misconduct and require evidence showing the person’s free will was compromised.

Ground 4: Improper Execution

Florida has strict requirements for how a will must be signed. It must:

• Be signed by the testator
• Be signed in the presence of two witnesses
• Have both witnesses sign in the presence of each other and the testator

Example: A will signed without witnesses, with only one witness, or with witnesses who were not present together fails to meet legal requirements and may be declared invalid.

Improper execution is a technical issue, but it can be decisive in a will contest.

How the Will Contest Process Works in Florida

Contesting a will involves several steps, each with tight deadlines and strict procedural requirements. Here is what to expect:

1. Review the Notice of Administration

This formal document starts the clock. Most will contests must be filed within three months of receiving it. If you believe the will is wrong, act quickly—your rights may expire even if the will is unfair or unlawful.

2. Conduct an Initial Legal Evaluation

An attorney will review the will, prior estate planning documents, medical history, family relationships, and any concerns about influence or coercion. This early evaluation determines whether valid legal grounds exist.

3. File the Will Contest in Probate Court

The challenge is filed in the probate court overseeing the estate—often in Orange County for Orlando-area families. Once filed, the personal representative and other beneficiaries must be notified.

4. Gather Evidence

Evidence may include:

• Medical records and cognitive evaluations
• Witness statements
• Financial records
• Communications such as emails or texts
• Prior versions of the will

Evidence is the heart of a successful will contest. Florida courts require clear, supported facts—not suspicions alone.

5. Court Review and Outcome

The court will evaluate whether the will reflects the true intent of the decedent. Possible outcomes include:

• Invalidating the entire will
• Invalidating only the portions affected by wrongdoing
• Reinstating a prior will
• Distributing the estate as if no valid will existed

Many cases also resolve through negotiation or mediation once the dispute is formally raised.

What to Do Right After Receiving a Notice of Administration

If something about the will feels “off,” here are immediate steps to protect your rights:

• Mark the deadline date. Count three months from the notice—this is your window.
• Do not confront the personal representative. Anything said may later be used against you.
• Gather key documents. Prior wills, letters, emails, medical records, and notes can all matter.
• Speak with a probate litigation attorney quickly. Delay can permanently close your ability to challenge the will.

Will contests are emotionally difficult. For many families in Orlando and throughout Florida, challenging a will is not about conflict—it is about honoring what a loved one truly intended.

Acknowledge the Emotional Reality

Contesting a will often feels personal, uncomfortable, or even disloyal, especially in the aftermath of a loss. But the law recognizes that wrongdoing, confusion, or manipulation sometimes occurs during vulnerable moments. A will contest is not a hostile act—it is a legal tool to ensure the estate plan reflects the decedent’s real wishes.

The Law Office of Robyn L. Lesser, P.A. supports clients with compassion, clarity, and respect throughout this process.

You can learn more by visiting our pages on Will and Trust Contests, Fiduciary Litigation, Beneficiary Representation, and our FAQ.

Law Office of Robyn L. Lesser, P.A. handles will contests across Florida, including Orlando, Orange County, Seminole County, and communities statewide. If you believe a will does not reflect your loved one’s true wishes, call (407) 698-5338.