Naples Attorneys for Contesting a Will

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Skilled Guidance for Challenging or Defending Wills in Florida

When a loved one’s will raises questions — whether due to improper execution, undue influence, or unexpected omissions — you need a trusted law firm on your side. At Willis & Davidow, our team of experienced Florida probate and trust litigation attorneys provides strategic representation for both challengers and defenders of wills. We serve clients throughout Florida who face complex will-contest issues, helping to protect rights, assets and family legacies.

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What is a Will Contest in Florida?

A will contest is a legal proceeding through which an interested party asks a Florida probate court to invalidate or modify a Last Will and Testament. It’s not sufficient to simply disagree with a will — you must show legally recognized grounds.

Only persons with legal standing — meaning a financial or inheritance interest in the estate — may bring a contest.

Common Grounds for Challenging a Will

In Florida, will contests often rely on one or more of the following grounds:

  • Lack of testamentary capacity — The testator did not understand the nature/extent of their assets or the consequences of executing the will.
  • Undue influence — Someone in a position of trust manipulated or controlled the testator into making decisions they would not have freely made.
  • Improper execution — The will was not executed in compliance with Florida statute (for example, missing signatures, incorrect witnessing).
  • Fraud or forgery — The will or its signing was falsified or deceitfully procured.
What is a Will Contest in Florida?
What is a Will Contest in Florida?

Time Limits & Critical Deadlines

Florida law imposes strict deadlines for filing a will contest:

  • Generally 90 days after service of the Notice of Administration.
  • If formal notice was given before the will was admitted to probate, the deadline may shorten to just 20 days.
  • Missing these deadlines often means losing the right to challenge the will.

How Our Florida Will Contest Attorneys Can Help

Our team at Willis & Davidow assists with every stage of a will contest or defense:

  • Evaluating whether you have legal standing and valid grounds
  • Gathering evidence: medical records, witness testimony, financial documentation
  • Filing objections and pleadings in the appropriate Florida probate court
  • Advising on strategy: negotiation, mediation or trial
  • Defending executors, trustees or estates against invalid claims
  • Minimizing disruption to estate administration while protecting your rights
Legal Requirements for a Valid Will in Florida
What is a Will Contest in Florida?

Why Choose Willis & Davidow for Your Will Contest

  • Proven experience in Florida probate and trust litigation
  • Strategic, client-centered approach combining advocacy with sensitivity
  • Transparent fees and clear communication through dispute resolution
  • Full understanding of both contest and defense perspectives

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Contact Our Will Contest Attorneys in Florida

If you’re searching for a will contest attorney near you, Willis & Davidow provides trusted counsel for families across Florida.

Will Contests FAQs

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Who can contest a will in Florida?

Only certain individuals with legal standing — typically beneficiaries, heirs under an earlier will or persons who would inherit under intestacy — may bring a challenge.

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What is a “no-contest” clause and is it enforceable in Florida?

Florida statute § 732.517 addresses these clauses. Their enforceability is limited; simply filing a contest won’t automatically trigger forfeiture, but consequences depend on the case.

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How much does it cost to contest a will?

Costs vary widely depending on complexity, timeframe, discovery and whether expert witnesses are needed. Because delays and litigation reduce the estate’s value, early consultation is critical.

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What happens if a will is invalidated?

If a will is invalidated, the court may admit a prior valid will or distribute assets under Florida’s intestacy laws, which may produce a significantly different outcome than the challenged document.

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Should I contact an attorney immediately if I suspect a will needs to be contested?

Yes. Deadlines in Florida are strict. Consulting an experienced will-contest attorney early ensures your rights are preserved, documents gathered and strategy implemented.

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