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Contesting a Will in Florida

Written by on Aug 7, 2019| Posted in: Probate Litigation

Contesting a will in Florida can be done in two ways and for the following reasons:

  1. Petition to Revoke Probate.  If a will has already been admitted to probate and no deadline prevents a contest, then a petition to revoke probate of the will can be filed to begin a will contest.
  2. Objection to Petition for Administration.  If a will has been offered for probate but not admitted to probate by the court, then an objection to the petition for administration can be filed contesting the will. 
  3. Undue Influence.  Undue influence is the most common grounds to contest the validity of a will in Florida.  Undue influence is a type of fraud and the general allegation is that the wrongdoer asserted so much influence over the decedent that the will is the product of the wrongdoer’s desires and does not reflect the true desires of the decedent.  For more information about contesting a will in Florida on the grounds of undue influence, click here.
  4. Lack of Mental Capacity.  Sometimes is is clear the decedent was in no mental condition to execute a will.  Medical records may reflect significant cognitive decline or heavy medication use, both of which would provide grounds to contest a will in Florida.  For more information about contesting a will in Florida on the grounds of lack of mental capacity, click here.
  5. Improper Execution.  Florida law requires strict formalities for the proper execution of wills.  If those formalities are not followed, then the will is invalid.

Fast deadlines for Florida Will Contest established under Florida Law! According to Florida law, after a Notice of Administration is received by a potential claimant, that claimant has a mere ninety (90) days to consider his options, accumulate the proper supporting documentation, hire an attorney, and file a formal law suit contesting the Will.  That time frame is shortened to only twenty (20) days if a Formal Notice of Administration has been received before the Will has been admitted into probate.  (Read our Florida Probate Blog for more on this topic.)

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