Although wills are supposed to honor the last wishes of the deceased, sometimes when an individual dies things do not go as smoothly as planned.  Disagreements and conflicts among family members, friends and other interested parties often surface when the terms of a will are disclosed.  These controversies tend to be very emotional, often pitting family members against each other in complicated, high stakes legal battles.    

When a dispute arises over a will and the true intentions of the decedent, any person with an interest in the estate may file a legal suit to contest the will.  In Florida there are several different grounds upon which a will may be contested:

• Improper Execution of the Will - Under Florida law, a will is required to be in writing and must be signed by the testator in front of two witnesses.  If a will is not properly prepared, signed or witnessed in accordance with the legal requirements, the will can be subject to a legal challenge.
• Undue Influence - An interested person may contest a will on the grounds that the testator was unduly influenced by another person to execute the will.  Undue influence generally occurs when the pressure or influence of another person is so strong that it prevents the testator from acting freely and voluntarily when signing the will.  
• Lack of Mental Capacity - When an individual executes a will, he or she must have sufficient mental capacity (testamentary capacity) at the time of signing the will.  Under Florida law, individuals will generally be found to lack mental capacity if they are not able to comprehend and understand: (1) the nature of their testamentary actions; (2) the nature and amount of their assets; (3) their relationships with individuals who would be the natural objects of their bounty (such as a spouse or child); and (4) how the document disposes of their assets.   
• Fraud or Duress - When a person lies or makes misstatements to the testator in order to get the testator to execute or change a will, the document can be contested for fraud.  If a person threatens a testator into signing or altering a will, the will can be challenged on the basis of duress.  

If a court finds that a will is invalid on any of these grounds, the will may be set aside.  The Florida Probate Code (Florida Statute 732.5165) provides that a will shall be void if it was “procured by fraud, duress, mistake or undue influence.”  In the event that only a part of the will is procured in such a manner, then the remainder of the will, will be held valid.  Additionally, the Probate Code provides that when a will is revoked by “fraud, duress, mistake or undue influence,” the revocation will be void.  

If you are thinking about contesting a will, you will need to act quickly.  Will contest cases are subject to strict statutes of limitation (time deadlines) in Florida. Should you fail to file your lawsuit within the required timeframe, you may forfeit the right to pursue your claim.  Whether you are a family member, friend, personal representative or any other interested party, you should discuss your situation with an experienced will contest attorney.  

These types of claims can be very challenging to try in court and are best handled by an experienced team of trial attorneys who know how to investigate and litigate complicated will contest cases.