Florida courts do not overturn a will simply because someone is unhappy with it. A challenge has to rest on one of a handful of recognized legal grounds.
Lack of testamentary capacity
The person making the will must understand what they own, who their natural heirs are, and the effect of signing. A will made when the maker lacked that understanding—due to advanced dementia, for example—may be invalid.
Undue influence
This is the most common ground in Florida. It arises when someone in a position of trust pressures or manipulates the maker into leaving them property they wouldn’t otherwise have received.
Fraud and improper execution
A will procured by fraud—or one that wasn’t signed and witnessed the way Florida law requires (signed by the maker and two witnesses, all present together)—can be thrown out. Forgery falls here too.
Proving any of these takes evidence and moves fast once probate opens. Contact Hochberger Law if you believe a will may be invalid.
This article is general information about Florida law, not legal advice. Please consult a Florida attorney about your specific circumstances.