Why You Need a Contesting a Will Lawyer to Succeed

A last-minute change to a will that disinherits close family members. A new caregiver who suddenly becomes the primary beneficiary. A signature that doesn’t look quite right. These are more than just unsettling circumstances; they are potential red flags that a will may not be legally valid. Your gut feeling that something is wrong is often the first sign that you need to investigate further. Florida law provides specific grounds to challenge a will created under questionable conditions, including undue influence, fraud, or lack of testamentary capacity. An experienced contesting a will lawyer knows how to investigate these red flags and build a case based on facts. This article will explore the common reasons for contesting a will and the types of evidence needed to prove your claim in court.

Key Takeaways

• Build your case on solid legal ground: To successfully contest a will, your concerns must align with one of Florida’s specific legal reasons, such as undue influence or lack of mental capacity. This requires gathering concrete evidence like medical records or witness testimony to prove your claim.
• Respect the strict legal deadlines: Florida law provides a very short window, often just 90 days, to formally challenge a will. Missing this deadline can permanently prevent you from taking legal action, so it is essential to act immediately if you have concerns.
• Work with a probate litigation expert: Will contests involve complex procedures and rules of evidence that are difficult to manage alone. Partnering with an attorney who specializes in probate litigation gives you the best chance to avoid critical mistakes and present a persuasive case in court.

What Does a Will Contest Lawyer Do?

When you’re facing a situation where a loved one’s will feels wrong, a will contest lawyer becomes your most important advocate. They guide you through the complex legal steps required to challenge a will you believe is invalid. Their job is to build a strong case on your behalf and present it effectively in court, turning your valid concerns into a formal legal argument.

Their Role in the Probate Process

A will contest lawyer’s primary role is to formally challenge the validity of a will in court. This isn’t just a family disagreement; it’s a legal action that takes place during the probate process, which is the formal procedure for administering a deceased person’s estate. Your attorney represents your interests, files the necessary legal documents to initiate the contest, and argues your case before a judge. They act as your advocate, ensuring your concerns are legally recognized and properly presented within the strict framework of Florida’s court system.

The Specialized Expertise You Need

Contesting a will is a complex legal fight, and the burden of proof falls squarely on your shoulders. This is why specialized expertise is so important. A will contest lawyer understands the specific grounds for challenging a will in Florida, from undue influence to lack of capacity. Their job involves a deep investigation: gathering medical records, locating and interviewing witnesses, analyzing financial documents, and building a compelling case. An experienced attorney knows the procedural rules and deadlines that can make or break a case. They can anticipate the other side’s arguments and present your evidence effectively to give you the best possible chance of a successful outcome.

Common Reasons to Contest a Will

When a loved one passes away, the last thing anyone wants is a dispute over their will. However, sometimes a will doesn’t accurately reflect the final wishes of the person who passed. It might contain suspicious changes or have been created under questionable circumstances. In these situations, Florida law allows interested parties, like family members or beneficiaries, to challenge the will’s validity in court. This process is known as “contesting a will.”

It’s not about being difficult or greedy; it’s about protecting your loved one’s legacy and ensuring their true intentions are honored. A successful will contest invalidates the document, meaning the court will disregard it. The estate would then typically be distributed based on a previous, valid will or, if none exists, according to Florida’s intestacy laws. Understanding the valid grounds for a challenge is the first step. The law sets a high bar for overturning a will, so your reasons must be based on specific legal principles, not just disappointment with the outcome. Our estate planning and probate attorneys can help you understand if your concerns meet the legal standard.

Lack of Testamentary Capacity

For a will to be valid, the person who created it (the “testator”) must have had “testamentary capacity” at the moment they signed it. This is a legal way of saying they were of sound mind. Specifically, they needed to understand they were signing a will, have a general idea of the property they owned, and know who their family members or natural heirs were.

A will can be challenged if there’s evidence the testator lacked this mental clarity due to conditions like advanced dementia, Alzheimer’s, or other cognitive impairments. The key is proving their state of mind at the time of signing. This can be difficult, but it’s a valid reason to question a will that seems out of character.

Undue Influence

Undue influence occurs when someone manipulates or pressures the testator, overpowering their free will and forcing them to create or change a will in the manipulator’s favor. This is more than just offering advice or making suggestions. It’s a form of coercion that results in a will that reflects the influencer’s desires, not the testator’s.

Common signs of undue influence include the testator being isolated from other family members, a sudden and unexpected change to the will, or a new acquaintance or caregiver suddenly becoming the primary beneficiary. Proving this often requires showing that a confidential relationship existed and that the influencer actively worked to get the will changed. Our experienced attorneys can help you evaluate the situation.

Improper Execution

Florida has very strict technical requirements for how a will must be signed and witnessed. If these rules, known as “formalities,” aren’t followed perfectly, the will can be declared invalid. For a will to be properly executed in Florida, it must be in writing, signed at the end by the testator, and signed by two credible witnesses. Crucially, the witnesses must sign in the testator’s presence and in the presence of each other.

A will contest based on improper execution might happen if, for example, only one witness signed the document, or if the witnesses signed it days later when the testator wasn’t present. These rules exist to prevent fraud and ensure the document is authentic.

Fraud or Forgery

A will can also be contested on the grounds of fraud or forgery. Fraud happens when the testator is intentionally deceived into signing the will. For instance, someone might have told them they were signing a different document, like a power of attorney, when it was actually a will. The signature is real, but the intent is based on a lie.

Forgery is more straightforward: the signature on the will is not the testator’s. Someone faked it. In either case, the will is invalid because it doesn’t represent the testator’s true wishes. If you suspect that a will was created through deceit or a forged signature, it’s critical to contact us to explore your legal options immediately.

How Does the Legal Process Work?

Contesting a will is a formal legal journey with several distinct stages. It’s not as simple as stating your objection; you have to follow a specific court process designed to ensure fairness and uncover the truth. From filing the initial paperwork to presenting your case in court, each step has its own rules and requirements. Understanding this process can help you feel more prepared for what lies ahead. Having a knowledgeable attorney by your side is essential to guide you through these complexities, protect your rights, and build the strongest possible case on your behalf.

Filing the Petition

The first official step is to file a formal lawsuit, known as a petition, with the Florida probate court. This document formally initiates the will contest and outlines your legal grounds for challenging the will’s validity. For example, you must clearly state whether you are claiming a lack of testamentary capacity, undue influence, or another valid reason. This isn’t a simple form you can fill out on your own. It’s a critical legal document that must be drafted correctly and filed in the proper jurisdiction. An experienced probate litigation attorney ensures your petition meets all legal requirements, setting a solid foundation for your case from the very beginning.

Gathering Evidence

Once the petition is filed, the discovery phase begins. This is where you and your attorney work to gather all the proof needed to support your claim. Strong documentation is often the key to a successful will contest. This evidence can include medical records to show the testator’s mental state, financial documents that reveal unusual transactions, and personal communications like emails or letters. Your lawyer can also help obtain sworn testimony from witnesses who have firsthand knowledge of the situation. Our team of experienced attorneys knows how to use legal tools like subpoenas to collect crucial information that might otherwise be hidden, ensuring you have a well-supported case.

Navigating Court Proceedings

When a will is contested, the matter proceeds through the court system. This can involve a series of hearings, motions, and potentially a full trial where a judge will determine the will’s validity. During these proceedings, your attorney will present the evidence you’ve gathered, make legal arguments, and question witnesses. The courtroom has strict rules of procedure and evidence, and trying to handle it alone can be overwhelming and detrimental to your case. An attorney acts as your advocate, clearly and persuasively presenting your side of the story to the court. They handle the legal complexities so you can focus on the process.

Understanding Key Deadlines

Florida law is very strict about the timeframe you have to contest a will. This is known as the statute of limitations, and if you miss the deadline, you typically lose your right to challenge the will forever. The exact deadline can depend on several factors, including the type of notice you received about the probate administration. For instance, you generally have 90 days after receiving a formal notice of administration to file a contest. Because these timelines can be short and unforgiving, it’s vital to act quickly. Consulting with an attorney as soon as possible ensures you don’t miss a critical deadline. If you have concerns, it’s best to contact a lawyer immediately to understand your options.

What Evidence Do You Need to Contest a Will?

When you decide to contest a will, your feelings of unfairness or suspicion are just the starting point. To succeed in court, you need to build a strong, persuasive case backed by solid evidence. Florida law requires you to prove that the will is invalid for a specific legal reason, whether it’s due to a lack of capacity, undue influence, or fraud. This isn’t about what you feel is right; it’s about what you can prove with facts. The burden of proof falls on you, the person challenging the will, which makes having a well-documented case absolutely essential.

Gathering this proof is often the most challenging part of the process. It involves digging into personal records, talking to people who knew the deceased, and piecing together a timeline of events that supports your claim. You’re essentially telling a story to the court, and every piece of evidence is a critical part of that narrative. A skilled probate litigation attorney knows exactly what kind of evidence is needed for each type of claim and how to present it effectively. They can help you issue subpoenas, request documents, and organize everything into a coherent argument. Without the right proof, even the most valid concerns can fail to hold up under legal scrutiny.

Medical and Capacity Records

One of the most common grounds for contesting a will is a lack of testamentary capacity. This means the person who created the will (the testator) wasn’t mentally clear enough to understand what they were doing. To prove this, you need more than just a personal opinion. Medical records are essential. These documents can show a diagnosis of dementia, Alzheimer’s, or other cognitive impairments that may have affected the testator’s judgment. Physician’s notes, psychiatric evaluations, and prescription histories can all help paint a clear picture of the person’s mental state when the will was signed.

Witness Testimony

The people who were around the testator before their passing can offer invaluable insights. Witness testimony from family members, friends, caregivers, and neighbors can help establish the testator’s state of mind and whether they were being manipulated. For example, a caregiver might testify about observing confusion or seeing an isolated family member suddenly taking control of the testator’s affairs. These firsthand accounts can corroborate other evidence and bring your case to life, showing the court what was really happening behind the scenes. Your attorney can help identify key witnesses and prepare them to give clear, credible testimony.

Financial and Communication Records

Documents are often the key to a successful will contest. Financial records like bank statements and property deeds can reveal unusual transactions or sudden changes that coincide with a new will. If someone was exerting undue influence, these records might show them benefiting financially before the testator’s death. Similarly, communication records such as emails, text messages, and letters can provide direct evidence of manipulation, fraud, or the testator’s true intentions. An experienced lawyer knows how to legally obtain these documents through the discovery process and use them to build a compelling argument.

Expert Opinions

Sometimes, you need a professional opinion to strengthen your case. An expert witness can analyze the evidence and provide a qualified assessment that carries significant weight in court. For instance, a geriatric psychiatrist can review medical records and testify about the testator’s likely mental capacity. If you suspect forgery, a forensic handwriting expert can compare signatures to determine if the will is authentic. Your probate attorney will know when an expert is needed and can connect you with credible professionals whose testimony can make all the difference in the outcome of your case.

How Much Does a Will Contest Lawyer Cost?

When you’re dealing with the emotional weight of a loved one’s passing and a potentially unfair will, the last thing you want to worry about is money. The cost of hiring a lawyer is a valid concern, and while there isn’t a single price tag for every case, understanding how legal fees work can help you make an informed decision. The total expense depends on how your attorney charges, the complexity of your case, and the path your legal challenge takes.

Generally, you should expect to pay for your own lawyer, especially if your challenge to the will is not successful. However, the investment can be well worth it if it means protecting your rightful inheritance and honoring your loved one’s true intentions. Let’s break down the common costs and factors you should consider.

Common Fee Structures

Most will contest lawyers use a few standard billing methods. During your initial search, you’ll likely encounter an initial consultation fee, which can range from $300 to $500. This meeting is your opportunity to have an attorney review your case and give you a preliminary opinion. If you decide to move forward, you will probably be asked for an upfront retainer. This is a lump sum, often between $5,000 and $10,000 or more, that your lawyer holds in a trust account and bills against for their work. Your attorney’s hourly rate, which can be anywhere from $400 to over $700, will be deducted from this retainer as they spend time on your case.

What Affects the Total Cost?

Several factors influence the final cost of contesting a will. The most significant is the strength and complexity of your case. A challenge based on clear evidence of fraud will likely require less investigation than one based on subtle signs of undue influence. The total cost also depends on how the opposing party responds. If they are willing to negotiate a settlement, your legal fees will be much lower than if the case proceeds to a lengthy court battle. The size and nature of the estate assets can also add layers of complexity, further impacting the overall expense. An experienced probate attorney can help you understand these variables during your first meeting.

Can You Recover Legal Fees?

While you are initially responsible for your legal fees, there are situations where you might get them back. Florida law allows for the recovery of attorney’s fees from the estate under certain circumstances. If your challenge successfully benefits the estate, for instance by invalidating a fraudulent will or preventing someone from unfairly taking assets, the court may order the estate to pay your legal costs. Judges have the discretion to award fees if they find your challenge was brought in good faith and was based on substantial, reasonable grounds. This is designed to ensure that valid concerns can be heard without placing an unfair financial burden on the person bringing the claim.

How to Choose the Right Will Contest Lawyer

Choosing a lawyer to represent you in a will contest is one of the most important decisions you’ll make. You’re not just hiring a legal expert; you’re finding a partner to guide you through a challenging and often emotional time. The right attorney can make all the difference in your case’s outcome, providing clarity and confidence when you need it most. It’s about finding someone with the right skills, a history of success, and a communication style that works for you. Let’s walk through the key things to look for to ensure you find the best fit for your situation.

Experience in Probate Litigation

When you start your search, you’ll quickly find that not all lawyers are the same. You need an attorney who focuses specifically on probate litigation. This area of law is incredibly nuanced, with its own set of rules, deadlines, and procedures. An experienced probate and estate planning lawyer has spent years handling these specific types of disputes. They know the local probate courts, understand the judges, and can anticipate the arguments the other side will make. This specialized knowledge is invaluable and can prevent costly mistakes that a less experienced attorney might make.

A Proven Track Record

Experience is one thing, but a history of success is another. You want an attorney who has not only handled will contests before but has also achieved favorable outcomes for their clients. Don’t be shy about asking for their track record. While every case is unique, a lawyer’s past performance can give you a good idea of their competence and dedication. Look for a firm that is transparent about its work and the backgrounds of its attorneys. An attorney with a solid history in estate litigation will have the confidence and strategic insight needed to build a strong case on your behalf.

Their Communication Style and Approach

Legal proceedings can be confusing, and the last thing you need is a lawyer who speaks in complicated jargon. It’s essential to find someone who can explain the process clearly and keep you informed every step of the way. During your initial consultation, pay attention to how they communicate. Do they listen to your story? Do they answer your questions patiently and in a way you can understand? This person will be your guide through a stressful period, so you need to feel comfortable with them. A good lawyer will be approachable and ready to discuss all your concerns, ensuring you feel supported.

Mistakes to Avoid When Contesting a Will

Challenging a will is an emotional and legally complex process. While you may feel confident in your reasons for contesting, a few common missteps can unfortunately derail your case before it even gets started. Understanding these pitfalls is the first step toward protecting your rights and ensuring the decedent’s true wishes are honored. By avoiding these mistakes, you give yourself the best possible chance of a successful outcome. Let’s walk through the most critical errors to steer clear of.

Missing Critical Deadlines

This is probably the most unforgiving mistake you can make. Florida law has very strict time limits for contesting a will. Generally, you have just 90 days from the date you receive a Notice of Administration to file your challenge. If you miss this deadline, the court will likely dismiss your case, regardless of how strong your evidence is. The probate process moves quickly, and these deadlines are not flexible. Acting promptly is absolutely essential. If you have any concerns about a will, you should speak with a probate litigation attorney immediately to understand the specific timeline that applies to your situation and preserve your right to contest.

Trying to Go It Alone

While the idea of saving on legal fees can be tempting, representing yourself in a will contest is a significant gamble. Probate litigation involves intricate legal procedures, strict rules for submitting evidence, and complex case law that can be overwhelming for anyone without a legal background. An experienced attorney knows how to build a compelling case, depose witnesses, and argue effectively in court. Trying to handle it alone puts you at a major disadvantage against the estate’s legal team. Partnering with a skilled lawyer isn’t just about having representation; it’s about leveling the playing field and giving your case the professional advocacy it deserves.

Not Gathering Enough Evidence

Your belief that a will is invalid is not enough to win in court. A successful will contest relies on solid, credible evidence that supports your claims. For example, if you are alleging undue influence, you’ll need more than just a suspicion. You might need emails, text messages, or witness testimony demonstrating how the deceased was manipulated. If you’re questioning testamentary capacity, medical records and testimony from healthcare providers are crucial. It is essential to start gathering documentation as early as possible to build a strong foundation for your case. An attorney can help you identify what evidence is needed and use legal tools like subpoenas to obtain it.

Misunderstanding Your Right to Contest

Not just anyone can challenge a will. To do so, you must have “legal standing,” which means you have a direct financial interest in the outcome of the case. In Florida, this typically includes individuals who were named as beneficiaries in a previous will but were cut out of the current one, or legal heirs who would inherit if the will were found to be invalid. If you are a close friend or a more distant relative with no direct inheritance rights, you likely do not have standing to contest. Before you invest time and emotion into a challenge, it’s vital to confirm that you have the legal right to do so. An experienced attorney can quickly assess your situation and determine if you have standing.

How to Prepare for Your First Consultation

Walking into a lawyer’s office for the first time can feel overwhelming, but a little preparation goes a long way. Your initial consultation is your opportunity to share your story, understand your legal options, and decide if the attorney is the right fit for you. To make the most of this meeting, it’s helpful to organize your thoughts and documents beforehand. This ensures you can provide a clear picture of your situation and get the specific advice you need. Coming prepared helps your potential attorney assess the strength of your case and outline a clear path forward.

What to Bring With You

Documentation is one of the biggest keys to a successful will dispute. The more supporting evidence you can provide from the start, the better your attorney can evaluate your claim. Before your meeting, gather every relevant document you can find. This isn’t just about the will itself; it’s about building a complete picture for your legal team.

Try to bring the following items with you:

• A copy of the will you intend to contest.
• Any previous versions of the will, if you have them.
• The death certificate of the person who passed away.
• Any letters, emails, or other communications that shed light on the deceased’s wishes.
• A list of names and contact information for potential witnesses.
• Any documents that prove your relationship to the deceased.

Key Questions to Ask Your Lawyer

This first meeting is a two-way street. While the attorney is learning about your case, you should be learning about them and their approach. Asking the right questions can help you understand the legal grounds for your case and feel confident in who you choose to represent you. Don’t be afraid to ask about their experience, process, and costs. A good lawyer will welcome your questions and provide clear, straightforward answers.

Consider asking questions like:

• Do I have a valid legal reason to contest this will in Florida?
• What is your specific experience with probate litigation in cases like mine?
• What are the possible outcomes, both good and bad?
• How do you structure your fees, and what is the estimated total cost?
• What does the timeline for a will contest typically look like?

Confirming Your Legal Standing

Before a case can even begin, you must have “legal standing” to contest the will. In simple terms, this means you have a direct, financial interest in the outcome of the estate. Not just anyone can challenge a will. Only individuals with a financial interest in the estate typically have the legal standing to contest a will. This usually includes people who would have inherited if the will was invalid or who were beneficiaries in a previous will. This is one of the very first things an attorney will need to confirm. Be prepared to discuss your relationship to the deceased and how the current will has personally affected your inheritance. An experienced attorney can quickly determine if you meet Florida’s requirements to move forward.

Strategies for a Successful Will Contest

Challenging a will can feel like an uphill battle, but with the right approach, you can build a strong case. Success often comes down to careful preparation and strategic decision-making. It’s not just about having a valid reason to contest; it’s about proving it effectively and handling the legal process correctly. By focusing on a few key strategies, you can give yourself the best possible chance of reaching a fair outcome. These steps involve gathering solid proof, exploring all resolution options, working with the right legal expert, and respecting the strict legal timelines.

A successful contest requires more than just emotion; it demands a clear plan and meticulous execution from the very beginning. Thinking through your strategy will help you stay focused on what matters most and avoid common pitfalls that can derail an otherwise valid claim. This means being proactive about collecting documents, being open to negotiation when it makes sense, and understanding that the legal system has very specific rules you must follow. It’s a process that rewards diligence and foresight. By taking these strategic steps, you move from simply feeling wronged to actively constructing a compelling legal argument that a court can recognize and act upon.

Build a Strong Case with Evidence

Documentation is one of the biggest keys to a successful will contest. Your claim is only as strong as the evidence you have to support it. Before you even file a petition, start gathering every piece of relevant information you can find. This includes medical records to show a lack of capacity, financial statements that might point to undue influence, and emails or letters that reveal the testator’s true intentions. Witness testimony from friends, family, or caregivers who can speak to the situation is also incredibly powerful. The more supporting evidence you have, the clearer the picture you can paint for the court.

Consider Mediation and Settlement

Not every will contest has to end in a dramatic courtroom trial. In fact, the court will often encourage you and the other party to settle your disagreement through mediation. This process involves a neutral third party who helps facilitate a conversation and guide you toward a mutually agreeable solution. Mediation can save you a significant amount of time, money, and emotional stress compared to a lengthy trial. It also gives you more control over the final outcome, rather than leaving the decision entirely in a judge’s hands. Exploring a settlement is a practical strategy that can lead to a resolution while preserving family relationships.

Partner with a Probate Specialist

Contesting a will is a very complex legal process with specific rules and procedures. It’s crucial to consult with an experienced probate attorney who specializes in this area of law. A probate specialist understands the nuances of Florida’s statutes, knows what kind of evidence is most persuasive, and can anticipate the arguments the opposing side might make. They will manage the case, handle all communication, and represent your interests in court or during settlement negotiations. Partnering with a skilled lawyer from our estate planning and probate team ensures you have an expert guide every step of the way.

Act Within the Legal Timeframe

In Florida, you have a very limited window of time to contest a will. Generally, you must file your challenge within 90 days of receiving the Notice of Administration from the personal representative. If you miss this deadline, you could permanently lose your right to object, regardless of how strong your case is. While there can be rare exceptions for issues like fraud, you should never count on them. It is absolutely critical to act quickly once you become aware of a potential issue with a will. Contacting an attorney immediately ensures you don’t miss any critical deadlines.

Why You Need a Specialized Lawyer to Succeed

When you decide to contest a will, you’re stepping into a formal legal arena where the rules are specific and the stakes are high. It’s more than just a family disagreement; it’s a legal proceeding that can have a lasting impact on your financial future. While it might be tempting to handle things on your own to save money or move quickly, the reality is that will contests are incredibly complex. Having a specialized lawyer on your side isn’t just helpful; it’s often the deciding factor between a successful challenge and a dismissed case. An experienced attorney provides the legal knowledge, strategic guidance, and objective perspective you need to make your case effectively and confidently.

Florida’s Complex Probate Laws

Contesting a will means you are formally challenging its legal validity in court. This process is governed by Florida’s probate laws, which are known for being intricate and difficult for anyone without a legal background to understand. The statutes outline specific grounds for a contest, strict deadlines for filing, and precise rules for presenting evidence. Without a deep understanding of these state-specific regulations, it’s easy to make a critical error that could end your case before it even starts. A lawyer who specializes in Florida probate and estate planning knows these laws inside and out, ensuring your case is built on a solid legal foundation from the very beginning.

Avoid Costly Procedural Mistakes

One of the biggest risks of representing yourself in a will contest is making procedural mistakes that can weaken or even invalidate your claim. The court system runs on deadlines and documentation. Missing a filing deadline, submitting evidence incorrectly, or failing to notify the right parties can have serious consequences. A skilled attorney manages this entire process, making sure every document is filed correctly and on time. They know what evidence is admissible and how to gather it, from medical records to financial statements. This attention to detail protects you from costly errors that could jeopardize your inheritance and cause unnecessary stress.

Improve Your Chance of a Favorable Outcome

Ultimately, your goal is to achieve a favorable result. An experienced probate attorney significantly improves your odds of success. They can assess the strength of your case and identify the most compelling legal arguments, such as lack of testamentary capacity or undue influence. They know how to build a persuasive narrative supported by strong evidence and present it effectively in court. With their expertise, you can confidently face the complexities of the legal process. The right team of attorneys can help you present the strongest case possible and work toward the outcome you deserve.

Related Articles

• How to Contest a Will: A Step-by-Step FL Guide
• Will Contest Lawyer: A Complete Guide for 2025
• Success Rate of Contesting a Will: The Real Odds
• What Evidence Is Needed to Contest a Will?

Frequently Asked Questions

Can I contest a will just because I think it’s unfair? This is a very common and understandable question. While feeling that a will is unfair is often what starts this process, the court needs a specific legal reason to invalidate it. Your personal feeling of unfairness, unfortunately, isn’t enough. Your challenge must be based on established legal grounds, such as proving the person was not of sound mind when they signed it, was pressured by someone, or that the document itself was fraudulent or improperly signed. An attorney can help you determine if your valid concerns meet Florida’s legal standards for a contest.

What happens if I successfully contest a will? If your challenge is successful, the court will declare the will invalid, meaning it’s legally set aside and has no effect. From there, one of two things typically happens. If the deceased had a previous, valid will, the court will use that document to distribute the estate’s assets. If there is no other valid will, the estate is considered “intestate,” and Florida’s state laws will determine how the assets are divided among the closest surviving relatives.

How long does the will contest process usually take? The timeline for a will contest can vary quite a bit depending on the situation. A case with clear evidence that settles quickly through mediation might be resolved in a matter of months. However, a more complex case that involves extensive evidence gathering and proceeds to a full court trial could easily take a year or even longer. The complexity of the estate and the level of conflict between the parties are the biggest factors influencing the duration.

What if I don’t have much money to start a case? The cost of legal action is a serious consideration, and it’s a topic you should discuss openly during your first consultation. Most probate litigation attorneys work on an hourly basis and require an upfront payment, called a retainer, to begin work on your case. However, it’s important to know that Florida law sometimes allows for attorney’s fees to be paid from the estate if your challenge was brought in good faith and successfully benefits the estate.

Is there a risk in contesting a will? Yes, there are risks involved, which is why it’s so important to get a professional legal opinion before you act. The primary risk is financial; if your challenge is unsuccessful, you will be responsible for your own legal fees. Some wills also contain a “no-contest” clause, which is designed to discourage challenges by stating that anyone who contests the will and loses will forfeit their inheritance. An experienced attorney can review the will and advise you on the potential risks and the enforceability of any such clauses in your specific situation.