Can Someone Challenge a Will or Trust in Florida? Understanding Your Rights and How to Prevent Disputes

Creating a Will or Trust is one of the most effective ways to ensure your assets are distributed according to your wishes. However, even a carefully crafted estate plan can be contested under certain circumstances.

At Estate Planning & Elder Law Center of Brevard, we have been drafting comprehensive estate plans in Florida for 35 years, and not one of our Wills or Trusts has been successfully challenged. That’s because we focus on legally sound strategies to prevent disputes before they arise.

If you want to protect your legacy and ensure your loved ones aren’t caught in a lengthy legal battle, it’s important to understand how Will and Trust contests happen—and how to proactively safeguard your estate plan.

 

Who Can Challenge a Will or Trust in Florida?

Not just anyone can contest a Will or Trust. Under Florida law, only individuals who have legal standing—meaning they are directly affected by the document—can challenge an estate plan.

✔ Beneficiaries – Those named in the Will or Trust (or in previous versions of it) can challenge changes that reduce or remove their inheritance.

✔ Heirs-at-law – If no valid Will exists, Florida’s intestacy laws determine who inherits. Family members who would have inherited under these laws may challenge an existing estate plan.

✔ Fiduciaries removed from the estate plan – A person who was previously named as personal representative (executor) or Trustee but later replaced might contest the change.

 

How Often Are Wills and Trusts Contested?

While Will and Trust contests receive media attention in high-profile cases, the reality is that most estate plans go unchallenged.

• A 2017 study published in the American Bar Association’s journal found that Will contests occur in only 1% to 3% of probate cases.
• Of those, the majority are unsuccessful because courts require strong legal evidence to overturn an estate plan.

However, when contests do arise, they can cause significant delays, strain family relationships, and deplete estate assets through legal fees.

 

Common Reasons Wills and Trusts Are Contested in Florida

In Florida, an estate plan can only be challenged on specific legal grounds. Disputes often involve:

1. Lack of Testamentary Capacity

For a Will or Trust to be valid, the person creating it (the testator or grantor) must:

• Understand the nature and extent of their assets
• Know who their beneficiaries are
• Comprehend how the document distributes their assets

If an individual suffers from dementia, Alzheimer’s, or another cognitive disorder, a challenge may argue they lacked the legal capacity to execute the document. However, Florida courts presume capacity unless strong medical and testimonial evidence suggests otherwise.

✔ Prevention Tip: Having a physician confirm testamentary capacity at the time of signing can provide legal protection against these claims.

 

2. Undue Influence

A challenge based on undue influence argues that the testator was pressured, manipulated, or coerced into changing their Will or Trust.

Signs of undue influence include:

• A sudden, unexpected change in beneficiaries
• A caregiver or new acquaintance receiving a large inheritance
• Isolation of the testator from family or advisors

✔ Prevention Tip: Florida courts rely on specific factors to determine undue influence, such as those established in Carpenter v. Carpenter, a Florida Supreme Court case. To prevent claims, ensure estate planning meetings occur without potential influencers present and that independent legal counsel is used.

 

3. Fraud or Forgery

Fraud occurs when a testator is misled about the contents of their Will or Trust. A fraudulent Will might involve:

• A beneficiary misrepresenting facts to persuade changes
• The testator signing a Will believing it to be another document
• A forged signature

✔ Prevention Tip: Having witnesses, video evidence, or forensic handwriting analysis can deter fraud claims.

 

4. Improper Execution

Florida has strict rules about how Wills and Trusts must be executed:

• Wills must be signed in the presence of two witnesses
• Witnesses must sign in the presence of each other and the testator

Failure to follow these steps could render the Will invalid.

✔ Prevention Tip: Always have an estate planning attorney oversee execution to ensure compliance with Florida law.

 

How to Prevent a Will or Trust from Being Contested

The best way to avoid estate disputes is careful planning and legal foresight. Here’s how to strengthen your estate plan:

1. Use a Revocable Living Trust Instead of a Will

Trusts are more difficult to contest than Wills because:
✔ They avoid probate, reducing public scrutiny
✔ They can be quickly settled after death, giving the contestants much less time to hire legal counsel to challenge
✔ They require long-term involvement of the grantor, reinforcing intent

2. Regularly Review and Update Your Plan

✔ Life changes (marriage, divorce, births, deaths) should prompt updates
✔ Outdated Wills are more vulnerable to challenges

3. Work with an Experienced Estate Planning Attorney

✔ DIY Wills and generic templates increase the risk of challenges
✔ Legal oversight ensures compliance with Florida’s estate laws

4. Use a Physician’s Evaluation for Testamentary Capacity

✔ Having a doctor verify mental competence at the time of signing prevents capacity disputes

5. Communicate with Beneficiaries in Advance

✔ Unclear intentions breed disputes
✔ Transparency minimizes surprises and misunderstandings

 

Why Choose Estate Planning & Elder Law Center of Brevard?

With over 35 years of experience drafting estate plans in Florida, we are proud to say that:

✔ Not a single estate plan we’ve drafted has been successfully challenged.
✔ Our team proactively identifies risks to prevent costly disputes.
✔ We provide customized legal solutions that stand the test of time.

If you want to ensure your final wishes are honored without unnecessary court battles, now is the time to plan.

 

Final Thoughts: Protect Your Estate from Challenges

While Florida law allows Will and Trust contests under certain circumstances, proactive planning and expert legal guidance can prevent most disputes.

If you’re serious about ensuring your estate plan is legally sound and resistant to challenges, we’re here to help.

Contact us today to safeguard your legacy with a strategically crafted estate plan.