A will contest is generally not the appropriate mechanism to secure your inheritance in this circumstance. You are what is known as a “pretermitted” spouse. The law assumes that a decedent wants to provide for his spouse and – to the extent the marriage took place after the execution of the Will – that the decedent intended to provide for you. Florida Statute §732.301 provides for an intestate share of the estate to the pretermitted spouse. Of course, if you and your spouse had a pre-marital agreement wherein you waived your right to inherit, then you would not be entitled to a pretermitted share of the estate.

Yes. Sometimes a testator (or someone) will attempt to make changes to a Will by writing directly on the original – crossing out names, changing percentages, modifying personal representative nominations. These changes are not valid. The proper way to change a Will is to execute a completely new Will that revokes the prior one or to execute a “codicil” which is an amendment to the Will that changes certain provisions. Codicils must be executed with the same formalities as a Will.