Most Boca Raton estates settle quietly. But sometimes a family member believes a will does not reflect their loved one’s true wishes, and a dispute lands in the probate court. If you are facing that situation for the first time, here is a plain-English look at how Florida handles contested probate.
What “Contesting a Will” Really Means
Contesting a will is a formal legal challenge asking the court to declare a will, or part of it, invalid. You cannot contest a will simply because you feel it is unfair or you were left out. Florida law requires a specific legal ground. If a contest succeeds, the court may fall back to an earlier valid will or to Florida’s intestacy rules.
Recognized Grounds in Florida
Florida courts generally recognize challenges based on:
- Improper execution. Florida law (Section 732.502) requires a will be signed by the testator and witnessed by two people who sign in the proper manner. A will that fails these formalities can be thrown out.
- Lack of testamentary capacity. The person must understand, in a general way, what they own, who their natural heirs are, and the effect of signing the will.
- Undue influence. Someone in a position of trust pressured the testator into terms they would not otherwise have chosen. This is common when a late-in-life caregiver or one child suddenly becomes the main beneficiary.
- Fraud or forgery. The signature is fake, or the testator was deceived about what they signed.
Who Can Bring a Challenge
Only an “interested person” may contest, meaning someone whose share would change if the challenge succeeds, such as a beneficiary under a prior will or an heir who would inherit under intestacy. A neighbor or distant friend with no stake cannot sue.
Deadlines Move Fast
Timing is critical. Once a personal representative serves formal notice of administration, an interested person generally has a short, strict window to file objections to the will’s validity. Miss it, and the right to contest can be lost. Boca Raton families dealing with out-of-town relatives should act quickly so deadlines are not blown while paperwork travels north.
The No-Contest Clause Question
Some wills include a clause threatening to disinherit anyone who challenges the document. Importantly, Florida law makes such no-contest (in terrorem) clauses unenforceable. That means a beneficiary in a Boca Raton estate can raise a legitimate challenge without automatically forfeiting their inheritance, although litigation still carries real cost and risk.
Beyond the Will: Spousal Rights
Not every dispute is a will contest. A surviving spouse who feels shortchanged may instead assert the Florida elective share (Section 732.2065 and following), which entitles a spouse to a percentage of the elective estate regardless of what the will says. Homestead protections under the Florida Constitution can also override will provisions. These are separate, powerful tools that sometimes resolve a family’s concern without a full contest.
What to Expect Practically
Contested probate looks like other litigation: pleadings, discovery, depositions, and often mediation before trial. Many disputes settle once both sides see the evidence. Records, witness recollections, and the drafting attorney’s notes frequently decide the outcome, so preserve everything early.
This article is general information, not legal advice. Will contests turn on tight deadlines and specific facts. If you believe a Boca Raton will is invalid, or you are defending one, consult a licensed Florida probate litigation attorney promptly.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
