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Florida Probate Blog

Posts Tagged: lack of mental capacity

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: 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. 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.  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 […]

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