Contesting a Will or Trust in Florida
If the Document Doesn't Reflect What Your Family Member Actually Wanted, the Law Provides a Process
Florida courts recognize that wills and trusts are sometimes signed under circumstances that undermine their validity — manipulation, diminished capacity, fraud, or procedural failure. When that happens, there is a legal process for challenging the document. That process has strict deadlines, and acting quickly is essential.
The Four Legal Grounds to Contest a Will in Florida
Florida law does not allow a will contest simply because you disagree with how an estate was distributed. To challenge a will, you must establish one of four recognized legal grounds — and the strength of your case depends on the evidence available to support it.
Lack of testamentary capacity.
The person who made the will must have understood what they owned, who their natural heirs were, and what signing the document meant. If cognitive decline, dementia, or serious illness affected their understanding at the time of signing, this is a recognized basis for a contest.
Undue influence.
This is among the most litigated grounds in Florida. It occurs when someone in a position of power or trust over the decedent — a caregiver, a family member, a new romantic partner — substituted their own wishes for the decedent's. If the will benefits that person in a way that seems inconsistent with your parent's actual wishes, undue influence may be at play.
Fraud or duress.
A will signed because the decedent was deceived about its contents, or pressured through threats, is not legally valid.
Improper execution.
Florida has specific requirements for how a will must be signed and witnessed. A document that doesn't meet those requirements can be challenged on technical grounds, regardless of intent.
Understanding which ground applies to your situation is the starting point for every will contest evaluation.
Florida's Deadline to Contest a Will
This Is Time-Sensitive
Florida law generally provides a three-month window from the date of formal notice of administration to file a will contest. This deadline runs from the notice — not from the date of death, and not from when you learned about the contents of the will.
Missing this deadline can permanently close the door on a challenge, regardless of how strong the underlying case may be. If you have received a notice of administration and have concerns about the will, contact an attorney immediately. The sooner you call, the more options you have.
Contesting a Trust Is Different from Contesting a Will
Trust contests and will contests share some common grounds but involve different legal frameworks, different courts, and different procedures.
A trust does not go through probate — it is administered privately by a trustee outside of court supervision. Challenging a trust requires filing an action in the circuit court under the Florida Trust Code rather than within a probate proceeding. The grounds for challenging a trust overlap with those for wills — lack of capacity, undue influence, fraud — but the procedural path and the applicable deadlines differ.
Trust contests also address a broader range of issues than will contests. A trust challenge may target the entire trust document, a specific amendment made under suspicious circumstances, or the conduct of the trustee in administering the trust contrary to its terms. Each of these scenarios requires a different legal approach.
If you believe a trust was created or amended under circumstances that undermine its validity, a consultation with an attorney who handles both will and trust contests is the right starting point
Situations This Firm Handles
These are examples of will and trust contest matters this firm regularly addresses. Names and identifying details are not included.
An adult child contacts the firm after discovering that their parent's will was changed six weeks before death — during a period when a sibling had moved in and taken over financial and medical management. The prior will divided the estate equally. The new will leaves nearly everything to the sibling. The firm assesses the circumstances for undue influence and evaluates the medical records from the period surrounding the signing.
A beneficiary receives a notice of administration and discovers that a trust amendment signed three years before the deceased's death significantly reduced her share in favor of a stepparent. She had no knowledge of the amendment until after the death. The firm analyzes whether the amendment was executed under circumstances that support a challenge and advises on the applicable deadlines under the Florida Trust Code.
A family member suspects the will is invalid because the deceased had been diagnosed with moderate dementia at the time of signing and had been assessed by their physician as lacking decision-making capacity. The firm works with medical records and the attorney who drafted the will to reconstruct the circumstances of execution and assess whether a capacity challenge is viable.
Robyn L. Lesser's Background in Will and Trust Contests
Will and trust contests are among the most demanding matters in Florida probate litigation. They require a detailed factual investigation, an understanding of the decedent's medical and cognitive history, and the ability to build a narrative that holds up under scrutiny. This is not work for a generalist.
Robyn L. Lesser's practice is built around
fiduciary litigation and probate — this is the work she does every day, not a side offering of a general practice. Her background as a former assistant state attorney shaped how she approaches contested matters: methodically, with an eye toward what the evidence can actually support. Before any formal legal proceedings begin, she conducts an intake evaluation to give clients an honest picture of their position — what the grounds are, what the evidence shows, and what a realistic outcome looks like. You will not be told what you want to hear. You will be told what you need to know.
Serving Will and Trust Contest Clients Across Florida
The Law Office of Robyn L. Lesser is based in Orlando and licensed to practice throughout Florida. Will and trust contest matters are handled for clients in Orlando, as well as those in Seminole, Osceola, Broward, Miami-Dade, Hillsborough, Pinellas, Lee, Brevard, and Duval counties.
If you are dealing with a contested estate or trust in another part of the state, that does not prevent you from working with this firm. Consultations are conducted in-person at the Orlando office, and statewide representation is available for qualified matters. Reach out to discuss your situation and confirm whether your case is one the firm can take on.
FAQs
Frequently Asked Questions About Contesting a Will or Trust in Florida
How do I contest a will in Florida?
To contest a will in Florida, you must file a formal objection in the probate court where the estate is being administered. You must have legal standing — meaning you are an heir, beneficiary, or other interested party — and you must assert one of the recognized legal grounds: lack of testamentary capacity, undue influence, fraud or duress, or improper execution. The process begins with an evaluation of the facts and evidence available to support your claim.
How long do I have to contest a will in Florida?
Florida law generally provides three months from the date of formal notice of administration to file a will contest. This deadline is strict. If you have received a Notice of Administration and have concerns about the will's validity, contact an attorney immediately — the clock is running from the date of that notice, not from the date of death.
What is undue influence in a Florida will contest?
Undue influence occurs when someone in a position of trust or authority over the decedent — a caregiver, family member, or close companion — used that position to pressure or manipulate the decedent into changing their will in a way that reflects the influencer's wishes rather than the decedent's own.
Florida courts look at the nature of the relationship, the decedent's vulnerability, and whether the person who benefited had unusual access and opportunity.
Can I contest a trust in Florida?
Yes. Florida law allows trust contests on grounds including lack of capacity, undue influence, and fraud. However, the process for challenging a trust is distinct from a will contest — trusts operate outside of probate and are governed by Florida's Trust Code, so a trust contest is typically filed as a separate civil action rather than within the probate proceeding.
What if I'm not sure my concerns are serious enough to contest a will?
That uncertainty is exactly what an initial consultation is designed to resolve. Robyn L. Lesser conducts an intake evaluation to assess the facts of your situation and give you a candid picture of whether your concerns have legal merit and what a realistic outcome might look like. You are not expected to arrive with a complete case — you are expected to arrive with your concerns, and the evaluation will tell you what they're worth.
Does the firm handle will and trust contests outside of Orlando?
Yes. The Law Office of Robyn L. Lesser is licensed to practice throughout Florida and handles fiduciary litigation matters for clients across the state, including in Seminole, Osceola, Broward, Miami-Dade, Hillsborough, Pinellas, Lee, Brevard, and Duval counties. Consultations are conducted in-person at the Orlando office located at 1137 Edgewater Drive.