A will contest asks a court to decide whether a will, or part of it, is legally valid. These disputes can be difficult for a family, especially while grieving. A useful first step is to separate disappointment about the result from a concern that the document was not validly made.
A belief that a will is unfair is not, by itself, a legal ground to invalidate it. A claim must be brought by someone with the required interest, supported by a recognized legal basis and filed within the applicable deadline.
Who may bring a challenge?
Standing depends on how the particular proceeding may affect the person’s legal interests. Potential examples include an heir who would inherit if there were no valid will or a beneficiary whose interest under another will would be affected.
Being related to the decedent or named somewhere in a will does not automatically resolve the standing question. Florida permits an interested person, including a beneficiary under a prior will, to seek revocation of probate unless already barred under the applicable notice rules.
What grounds may be involved?
A challenge may concern testamentary capacity, improper execution or a will procured through fraud, duress, mistake or undue influence. Each ground has legal requirements. Family tension, a diagnosis or an unexpected change in beneficiaries does not alone establish the claim.
Relevant evidence may include the signed documents, earlier estate plans, witness testimony, communications and records bearing on the testator’s circumstances at the time of execution. The evidence must be evaluated in relation to the actual legal issue.
Understand the burdens of proof
Florida law initially places the burden on the will’s proponent to establish its formal execution and attestation. A qualifying self-proving affidavit or required witness oath can establish that initial showing.
The contestant then generally bears the burden of establishing the grounds for the challenge. A legally applicable presumption of undue influence can shift the burden of proof. It is therefore inaccurate to describe every case as simply deferring to the will until someone proves otherwise.
Act promptly when notices arrive
A person served with a notice of administration generally has three months from service to file an objection challenging the will’s validity. The statute allows only a narrow basis for extending that period and imposes additional outside limits.
A different formal-notice procedure before issuance of letters of administration can bar a later challenge if the issue is not raised in that proceeding. Do not assume that waiting until the estate is ready to close will preserve a claim. Have any notice, waiver or proposed consent reviewed promptly.
What can the court decide?
The court may uphold the will, invalidate an affected provision while leaving valid provisions in place, or reject the will. Whether another will can be admitted or property passes under intestacy depends on the documents, evidence and applicable law. A prior document is not automatically revived in every case.
If you have concerns about a will or need to respond to a challenge, contact Verras Law to discuss the probate matter, the relevant documents and any immediate deadlines.
Sources: Revocation of probate and interested-person requirements; Burdens of proof in will contests; Notice of administration and objection deadlines; Effect of formal notice before issuance of letters.
Updated October 26, 2026.