How do I contest a Will in Florida?
Our office receives communications nearly every day from people asking “how do I contest a Will in Florida?”
As with most questions in the law, the answer is “it depends” and it largely depends on the basis for contesting the Will. Is it because you know the decedent executed a more-recent Will? Is it because the Will filed was executed improperly? Is it because the decedent who made the Will lacked capacity at the time it was made? Is it because the decedent who made the Will was being unduly influenced by someone when it was made? Sometimes it is appropriate and sufficient to file an Objection to the Petition for Administration or to the Petition to Admit Will but sometimes a lawsuit (Complaint) challenging the Will is necessary.
The best answer to the question “how do I contest a Will in Florida?” is that you should consult with a Florida lawyer who handles probate litigation, which includes Will contests, who can ask you the right questions to determine whether you have a valid basis for contesting a Will.