Fort Lauderdale Contested Will Lawyer
Protecting Your Inheritance and Defending Your Loved One’s Wishes
Disputes over a loved one’s will can be painful, complex, and deeply personal. At Edward J. Jennings, P.A., we help clients across Fort Lauderdale and Broward County navigate will contests with the clarity, confidence, and courtroom skill these cases demand. Whether you are challenging a questionable will or defending the rightful wishes of a deceased family member, our Fort Lauderdale contested will lawyers are here to protect your interests and guide you through the Florida probate process with strength and compassion.
What Is a Will Contest?
A will contest is a formal objection to the validity of a will submitted to probate. When a person passes away and their estate enters probate, the court must determine whether the will is valid. Interested parties, such as family members or beneficiaries, have the right to challenge the will under specific legal grounds. These cases are often emotionally charged and may arise when someone is left out of a will unexpectedly, when there is suspicion of foul play, or when multiple wills with conflicting terms exist.
Will contests are not about personal disagreements or feelings of unfairness. Florida law provides only a limited number of valid legal reasons to challenge a will, and these reasons must be supported by evidence. At our firm, we carefully evaluate each situation and determine whether a legal basis for contest exists before advising our clients on how to proceed.
Legal Grounds for Challenging a Will in Florida
Under Florida law, a will can only be contested on certain legal grounds. These include:
- Lack of testamentary capacity – The person making the will (the testator) must understand the nature and value of their assets, who their heirs are, and the legal effect of signing a will. If they lacked mental capacity due to dementia, illness, or cognitive decline, the will may be invalid.
- Undue influence – If someone used manipulation or pressure to force the testator to change the will in their favor, the will may not reflect the true intent of the deceased. This is especially common in cases involving isolated elderly individuals or last-minute changes.
- Improper execution – Florida law requires strict adherence to formalities for a will to be valid. The will must be in writing, signed by the testator, and witnessed by two individuals in the presence of the testator and each other. A failure to meet these requirements may result in the will being thrown out.
- Fraud or forgery – If someone tricked the testator into signing the will or forged their signature, the will can be challenged and set aside.
- Revocation – A previously signed will may be revoked by the testator through a new will or physical destruction. A contested will may be invalid if a newer version exists or if the testator intended to cancel it.
Who Can Contest a Will?
Only individuals who have legal standing may file a will contest. In Florida, this typically includes heirs, beneficiaries named in prior wills, or those who would inherit if the will were deemed invalid. If you believe you were wrongly excluded from a will or that a more recent valid will exists, you may be eligible to contest. Conversely, if you are a personal representative or a named beneficiary seeking to defend a will against attack, our firm can help protect your position.
The Process of Contesting a Will in Florida
Will contests are handled through the probate court in the county where the decedent lived. In Fort Lauderdale, these cases are heard in the Broward County Probate Division. The contest must be filed within a strict deadline, usually within 90 days after receiving notice that the will has been admitted to probate, or 20 days if formal notice is provided before the will is admitted.
Once the contest is filed, the process moves forward with pleadings, discovery, and possible evidentiary hearings. Parties may be required to produce medical records, expert evaluations, or witness testimony to support their claims. The judge will ultimately decide whether the will is valid based on the evidence presented. In some cases, will contests are resolved through mediation or settlement rather than trial.
Why Experience Matters in Will Contests
Litigating a will contest requires both technical legal knowledge and a deep understanding of family dynamics, financial history, and the probate process. At Edward J. Jennings, P.A., we bring decades of experience to each dispute, offering trusted representation whether you are challenging a will or defending one. We understand the personal stakes involved, and we work closely with clients to develop clear strategies rooted in fact and law. We are also prepared to take your case to trial when necessary to ensure your rights are protected.
Common Signs of a Problematic Will
While every situation is unique, there are several warning signs that may indicate a will is vulnerable to legal challenge. These include:
- A drastic change in beneficiaries shortly before death
- The exclusion of close family members without explanation
- A will that was prepared or witnessed by a person who stands to benefit
- Wills executed while the testator was in poor health or under the control of a caregiver
- Conflicting versions of the will or uncertainty about the most recent valid document
If you notice any of these issues, it is essential to consult with an experienced probate litigation attorney as soon as possible.
Contact Edward J. Jennings, P.A. for Skilled Representation
Will contests are among the most sensitive and challenging types of probate litigation. Whether you believe a will was the product of coercion or fraud, or you need to defend a loved one’s final wishes from false accusations, Edward J. Jennings, P.A. is ready to help. Our Fort Lauderdale will contest attorneys handle these disputes with diligence, discretion, and results-driven strategy. Contact us today to schedule a confidential consultation and learn how we can assist with your will contest or probate litigation matter.
