Naples Attorneys for Contesting a Will
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.
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.
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
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
Related Probate & Estate Services
- Probate Overview – Learn the basics of administration in Florida.
- Estate Administration – Guidance for executors handling asset distribution and closing estates.
- Trust Administration – Representation for trustees managing trusts and beneficiary rights.
CONTACT US
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.
- 📍 Location: Naples, Florida
- 📞 Call: (239) 465-0531
- 📧 Schedule a Consultation: Contact Us
Will Contests FAQs
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.
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.
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.
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.
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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