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Grieving the loss of a loved one can be one of the most challenging times in your life. It’s even more difficult when your loved one’s will doesn’t appear accurate. If you have serious concerns about a will’s validity, contesting a will  may be necessary. This guide explains when and how to challenge a will and if it’s worth the effort. Learn more about when and how to contest a will in Florida below.

What Does It Mean To Challenge A Will?

Challenging a will, also referred to as contested probate, is formally disagreeing with a will’s validity. You contest a will if you believe it does not accurately represent your loved one’s last wishes or that external forces swayed the will’s creation in favor of specific individuals. Anyone with a vested interest in the will’s outcome can challenge it. Often, this means you are entitled to a share of the estate under Florida’s intestate laws or that you were included in a previous version of the will. If the will is successfully challenged and deemed invalid, assets are divided according to Florida law.

Reasons To Challenge A Will

You cannot contest a will simply because you dislike its provisions. You must provide evidence that the will was unfairly and inaccurately created and should not be used to divide your loved one’s estate. Here are the most common reasons for contesting a will in Florida:

Undue Influence

Wills are only valid if they are created freely and willfully, not through coercion or threats. The will may be deemed invalid if you prove your loved one was threatened or overly persuaded to draft their will in a particular way.

Incapacity

Your loved one must have been of sound mind when drafting their will, being fully coherent when signing it. If your loved one suffered from a condition like dementia that prohibited them from understanding the will’s implications, you can argue that the will is invalid.

Fraud

A will must be a truthful, accurate description of how your loved one wanted their estate divided after they passed away. If there is evidence of forgery or that the will was made under false pretenses, it can be deemed invalid.

Wrongful Removal

Wrongful removal is one of the most common reasons to contest a will in Florida. If you believe you have been wrongfully removed from your loved one’s will or eliminated by mistake, you can challenge its validity and earn back your rightful share of the estate.

What Evidence Do You Need to Contest A Will?

The evidence needed to contest a will in Florida depends on the reasoning for challenging it. If you challenge the will due to wrongful removal, you’ll need proof that your loved one intended to include you, such as a prior version of the will or written communication discussing your share of the estate. If your challenge is based on undue influence, you must show someone placed unjust pressure on your loved one or took advantage of their mental state to create a will that favored a particular person or group.

Is Challenging A Will Worth It?

You must weigh the costs and benefits of challenging a will before making a formal petition. Consider the value of the estate and your rightful part within it, and compare it with the legal costs of pursuing action to challenge the will’s validity. Another important consideration is the long-term impacts that challenging a will will have on family relationships, as contesting a will often divides families and takes a significant emotional toll.

How To Contest A Will In Florida

To contest a will, you must file a petition with the probate court within 90 days of the Notice of Administration. It is essential to work with an experienced Seminole County estate planning attorney to ensure you follow all the necessary steps to challenge the will. Your petition should clearly state whether you wish to revoke, modify, or declare the will invalid. If you successfully challenge the will, assets are divided as if there were no will, according to Florida’s intestate succession laws.

Contest A Will In Florida With The Boutty Law Firm

Contesting a will can be a challenging and emotional process. However, sometimes action must be taken to ensure your loved one’s last wishes are carried out as they desired. Our team at The Boutty Law Firm can help you determine whether you have a valid case to challenge a loved one’s will. Call our law firm at 407-622-1395 or schedule a consultation online to discuss the circumstances of your loved one’s estate and whether challenging a will is a suitable option to preserve their legacy.