Who Can Legally Contest A Will?

Wills can be contested for a number of reasons but Florida has specific laws about who is allowed to challenge a will. This includes the spouse and children of the deceased, as well as any heirs named in the will. You may also be able to contest it if you were named in a previous will that was terminated or modified.

In Florida, a divorce nullifies any claim to inheritance, meaning an ex-spouse cannot contest a will. Stepchildren may still be able to challenge it, though, if they were previously named in the will.

What Are The Grounds For Contesting?

A will can be contested any time there is evidence or reason to believe it was not drafted correctly or with the estate holder's best interest in mind. This could happen for many reasons such as:

  • Coercion: Another party forced the estate holder to write him or her into the will.
  • Mental instability: The will was drafted when the estate holder was unable to make sound decisions.
  • Improper drafting: The will was not created or executed properly, such as not containing witness signatures.
  • Fraud: The estate holder was given misinformation that influenced his or her decisions.

These issues can be difficult to prove, which is why a skilled lawyer is necessary to successfully contest a will.

Is There A Time Limit On Contesting A Will?

Wills must be contested within 90 days after the personal representative files a Notice of Administration. This time limit is shortened to 20 days if a Formal Notice is served instead. If you are planning to contest a will, contact the law firm of David Howard Goldberg, P.L. immediately after receiving a notice. Our attorneys have decades of experience with estate and probate matters.

We offer free initial consultations. To schedule an appointment, you can fill out our online form or call our office at 305-760-8888. We serve clients in Miami and the surrounding areas.