What Happens If a Will is Contested in Florida?
When someone contests a will in Florida, the probate court pauses distribution until the matter of validity is resolved. Contests can be based on issues such as undue influence, lack of capacity, or improper execution. In South Florida, will contests are common in estates involving blended families, life changes, or significant assets like real estate and businesses. Florida courts follow clear rules, but these cases move quickly and require thorough evidence.
At Brian K. McMahon, P.A., our probate attorney in South Florida helps families across the region understand what triggers a will contest, what the court examines, and how to protect your interests from the start.
How Does a Will Contest Start in Florida?
A will contest usually begins after the will is filed with the probate court. An interested person, such as a child, spouse, or beneficiary under a prior will, files a formal objection. Common grounds include:
- The person lacked the required mental capacity when the will was executed, known as a lack of testamentary capacity
- Undue influence, which refers to pressure that overpowers a person’s free will
- Improper execution, such as missing witnesses or legal formalities
- Fraud or forgery
For instance, a person signs a new will shortly before dying, leaving most assets to their caregiver. Their adult children can file an objection alleging undue influence and lack of capacity.
What Does The Court Review During a Will Contest?
Once contested, the probate judge reviews evidence rather than simply accepting the will at face value. The court usually examines:
- Medical records around the time the will was signed
- Testimony from witnesses and drafting professionals
- Financial changes and beneficiary patterns
- Emails, texts, or letters showing influence or intent
Florida law requires strict compliance with signing rules. Even small errors can invalidate a will. According to the Florida Courts, probate judges have broad authority to hear testimony and rule on validity before assets move to beneficiaries.
How Does a Contested Will Affect The Probate Timeline in Florida?
A will contest can significantly delay probate. Asset distribution usually stops while the dispute is pending, meaning that an estate with multiple properties cannot sell or distribute assets until the will contest is resolved, which can take months or longer. In some cases, the court appoints a neutral personal representative to manage assets during litigation. Contests also increase costs, including legal fees, expert opinions, and court expenses. Those costs may come from the estate, reducing what beneficiaries ultimately receive.
What Happens If The Will Is Invalidated?
If the court finds the will invalid, the estate doesn’t disappear. The court may enforce a prior valid will, or apply Florida’s intestacy laws if no valid will exists. Intestate estates pass first to a surviving spouse and direct descendants. That outcome can differ sharply from what the contested will attempted to do. For example, an estate with an invalid will may pass under intestacy rules, shifting assets back to a surviving spouse and children rather than distant beneficiaries.
How a Probate Attorney in South Florida Can Help During a Will Contest
Because will contests are evidence-driven and deadline-sensitive, a South Florida probate lawyer can help you build or defend claims by organizing records early and framing issues the court must decide. They can assist you by:
- Evaluating whether grounds for a contest exist
- Securing medical, financial, and witness evidence
- Preparing pleadings and responding to objections
- Working with experts when capacity or influence is disputed
- Negotiating resolutions that protect estate value when appropriate
Speak to Our Probate Lawyer in South Florida
If a will is being contested or you believe it should be, our South Florida probate attorney can help. Schedule your complimentary consultation by calling Brian K. McMahon, P.A. at 561-658-1789 or contacting us online.