Protecting an Inheritance in Florida When a Family Member May Contest an Estate

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. Consult a licensed Florida attorney about your specific situation.

Detailed answer: What a will contest is and how to protect an inheritance under Florida law

A will contest is a legal challenge to the validity of a decedent’s will or to the distribution of assets through probate. In Florida, interested persons (typically beneficiaries and heirs) may challenge a will for reasons such as lack of testamentary capacity, undue influence, fraud, improper execution, or forgery. If a family member threatens to or actually contests a will, you can take steps before and after the decedent’s death to reduce the risk that your inheritance will be lost or reduced.

Key formal requirements for a valid Florida will

Florida law sets out formal execution requirements for wills. A properly executed will is harder to overturn. See Florida’s will execution statute for details: Fla. Stat. § 732.502.

In terrorem (no-contest) clauses

Florida allows forfeiture clauses that penalize beneficiaries who contest a will without probable cause. These clauses can deter frivolous contests but will not necessarily stop a contest grounded in good-faith legal arguments. See Florida’s statute on forfeiture for contests: Fla. Stat. § 732.517.

Proactive estate-planning steps to protect an inheritance

Use a revocable living trust: A properly funded revocable trust can pass assets outside probate, which limits the opportunity for a will contest to affect those assets. Because trusts generally avoid probate, they reduce exposure to will contests over probate-distributed property.
Fund the trust during the grantor’s lifetime: Simply creating a trust is not enough. Title to assets must be transferred into the trust so they do not pass by will through probate.
Use beneficiary designations: Accounts with designated beneficiaries (retirement plans, life insurance, transfer-on-death accounts) pass directly to the named beneficiaries and generally avoid probate. Keep designations up to date and consistent with the estate plan.
Consider joint ownership with caution: Joint tenancy or tenancy by the entireties can avoid probate but may introduce gift or tax consequences and can create disputes. Consult an attorney before changing ownership.
Include a properly drafted no-contest clause if appropriate: A clear forfeiture clause can deter meritless contests. Note that a legitimate contest based on good-faith claims of incapacity or undue influence may still proceed without triggering forfeiture.
Execute documents carefully: Use an experienced attorney to prepare and witness wills and trusts to ensure compliance with Florida formalities. A self-proving will (properly notarized affidavit) streamlines probate and makes it harder to dispute execution.
Maintain contemporaneous evidence of capacity and intent: Medical records, dated letters, and witness statements documenting the testator’s capacity and intent can be powerful evidence if a contest arises.
Communicate where appropriate: Discuss the plan with key family members if doing so will reduce surprises and conflicts. In some situations, a frank explanation or a memo of intent can reduce the chance of a contest.

Steps to take after a contest is filed

Act immediately: Florida probate law imposes strict deadlines and procedural rules. Contact an experienced probate attorney at once so you do not miss filing deadlines or procedural opportunities.
Preserve evidence: Keep original documents, correspondence, medical records, and witness contact information. Evidence of the decedent’s capacity, statements of intent, and proof of proper execution will be important.
Evaluate the merits: Your lawyer will review the facts to determine if the contest has legal merit. Many contests fail because the challenger lacks proof.
Use settlement options: Many contested matters settle through negotiation or mediation. Settlement can save time and litigation costs and often preserves family relationships.
Rely on procedural tools: If the will contains a valid forfeiture clause, your attorney can seek to enforce it or move to dismiss frivolous claims. Conversely, if the contest raises legitimate issues, prepare to litigate those claims with strong evidence.

Why an attorney matters

Estate contests involve both technical procedural rules and complex evidentiary issues. A Florida probate attorney can:

Explain deadlines and who has standing to contest;
Draft and review trusts, wills, and no-contest clauses tailored to Florida law;
Preserve and present medical and other evidence of capacity and intent;
Negotiate settlements or represent you in probate court.

Helpful Hints

Start planning early. The more time you have, the better you can structure assets to avoid probate and reduce contest risk.
Keep records. Dated letters, drafts, and witness names help prove the decedent’s intent and capacity.
Use a trust for high-value or contested assets to keep them out of probate.
Review beneficiary designations regularly—these controls override wills for many assets.
Be cautious about changing ownership of property without legal advice; these changes can be reversed or attacked as undue influence.
If you receive notice of a probate or a contest, contact a Florida probate attorney immediately—missed deadlines can be fatal to your rights.
Remember that a no-contest clause may deter weak challenges but will not block legitimate claims of incapacity or undue influence.

For the exact statutory language on Florida will execution and forfeiture-for-contest clauses, see:

If you want practical next steps for a specific factual situation, consider scheduling a consultation with a probate attorney licensed in Florida. They can review documents, confirm deadlines, and recommend targeted actions to protect your inheritance.