A will is meant to ensure that a person’s final wishes are carried out and that their assets are distributed fairly to their loved ones or chosen beneficiaries. However, disputes often arise when family members feel left out, treated unfairly, or suspect foul play. These disagreements can lead to legal battles, emotional stress, and financial burdens that tear families apart.

At Elderly Care Law Firm, we help individuals and families navigate the complex process of contesting or defending a will in Florida. Whether you believe a will was created under suspicious circumstances or you need to protect an estate from baseless claims, we are here to provide expert legal support.

What is a Will Dispute?

A will dispute occurs when someone challenges the validity of a will or disagrees with the way assets are being distributed. These disputes often happen in probate court, where a judge determines whether the will is legally valid.

Common reasons for contesting a will include:

• Undue Influence – When a caregiver, family member, or friend pressures or manipulates the deceased into changing their will for their own benefit. This is common when an elderly or ill person is heavily dependent on one person for care.
• Lack of Mental Capacity – If the deceased suffered from dementia, Alzheimer’s, or another cognitive impairment, they may not have been mentally fit to understand the legal implications of their will.
• Forgery or Fraud – If there is suspicion that the will was forged or altered without the deceased’s consent, it can be challenged in court.
• Improper Execution – Florida law requires wills to be signed in the presence of two witnesses, who must also sign the document. If these legal steps weren’t followed, the will may be invalid.
• Ambiguous or Contradictory Language – If a will is unclear or contains conflicting instructions, heirs may dispute its meaning.

How Common Are Will Disputes?

Will disputes are more common than many people realize. According to estate litigation studies:

• 1 in 4 wills is legally challenged in some way.
• 60-70% of estate disputes occur because family members believe they were unfairly excluded or treated unequally.
• More than half of will contests involve accusations of undue influence or fraud.

Who Can Contest a Will in Florida?

Only certain individuals have the legal standing to challenge a will. You must be an interested party, meaning you have a direct financial interest in the estate. This includes:

• Spouses who were left out of a will or given less than expected.
• Children who suspect unfair changes were made.
• Other heirs (siblings, grandchildren, parents) who believe they were wrongly disinherited.
• Beneficiaries named in a previous version of the will who were removed without explanation.
• Creditors who are owed money by the deceased’s estate.

What Happens If a Will is Successfully Contested?

If the probate court finds that the will was fraudulent, improperly executed, or influenced by someone else, the judge may:

1. Invalidate the will entirely, meaning Florida’s intestate succession laws will determine who inherits.
2. Revert to a previous version of the will, if one exists.
3. Modify certain provisions of the will while keeping the rest intact.

What Are Florida’s Intestate Succession Laws?

If a will is declared invalid, Florida law determines who inherits based on intestate succession rules:

• If the deceased was married with no children, the spouse receives everything.
• If there are children from a previous relationship, assets are divided between the spouse and children.
• If there is no spouse or children, the estate goes to parents, then siblings, then extended family.

This means that if a fraudulent or manipulated will is thrown out, heirs may still receive what they are legally entitled to under Florida law.

How Long Do You Have to Contest a Will in Florida?

In Florida, heirs or beneficiaries have 90 days from the date the will is admitted to probate to challenge its validity. If you receive formal notice of probate, you only have 20 days to contest the will. Because of these strict deadlines, it’s important to take action quickly if you suspect something is wrong.

Can a No-Contest Clause Prevent a Will Dispute?

Some wills include a no-contest clause, which states that if an heir challenges the will, they forfeit their inheritance. However, under Florida law, these clauses are not enforceable. This means that even if a will tries to prevent challenges, you still have the right to contest it if you have valid legal grounds.

How Can You Prevent Will Disputes?

Many families want to avoid legal battles after a loved one’s passing. Steps to prevent will disputes include:

• Creating a legally sound will with an experienced attorney.
• Discussing the will with family members to avoid surprises and misunderstandings.
• Including detailed explanations for inheritance decisions to reduce conflicts.
• Keeping medical records to prove mental competency at the time the will was signed.

By working with an estate planning attorney, individuals can create clear, legally enforceable wills that minimize the risk of disputes.

How Can an Attorney Help with a Will Dispute?

Will disputes are highly emotional and legally complex. If you believe a will was unfairly changed, executed improperly, or influenced by fraud, or if you need to defend a will from challenges, an attorney can help.

At Elderly Care Law Firm, we:

• Help heirs contest fraudulent or unfair wills.
• Defend valid wills against legal challenges to protect the deceased’s final wishes.
• Advocate for fair distribution of assets among rightful heirs.
• Guide executors and beneficiaries through the probate process.

If you believe a will was altered under suspicious circumstances, or if you need legal representation in a will dispute, call Elderly Care Law Firm at (305) 836-4697 today for a consultation.