Can You Contest a Will if You Were Disinherited?
Discovering that you’ve been left out of a loved one’s will can be both surprising and upsetting. In many cases, a person expects to inherit because they are a child, a close relative, or were included in an earlier will. However, finding out you’ve been disinherited doesn’t automatically mean the will is invalid or that you have no legal options. Under Florida law, you may have the right to challenge the will if you were disinherited, but only if there are valid legal grounds for doing so.
Florida Inheritance Rights
Generally, in Florida, there is no law requiring a parent to pass on any part of their estate to a child through a will. If the parent doesn’t wish the child to have a claim in their estate, they can express that in a will.
Unlike a surviving spouse who has certain statutory inheritance rights, adult children are not automatically entitled to receive part of a parent’s estate if a valid will clearly excludes them. However, if someone dies without a valid will, Florida’s intestacy laws determine who inherits the estate.
When Can a Disinherited Person Contest a Will
Being disinherited alone isn’t enough to overturn a will. Additionally, only certain individuals have legal standing to challenge a will, such as beneficiaries under a prior will, heirs who would inherit if a valid will did not exist, or a surviving spouse, whose legal rights may have been affected.
Another issue that may lead to contesting a will for disinheritance reasons is when a child is born after a will was signed. Similarly, if someone who had always been included in prior wills is suddenly removed without explanation, it may be worth investigating what led to the change.
Legal Grounds for Contesting a Will
A Florida court will not just invalidate a will because a family member was disinherited. The person challenging the will must establish a recognized legal basis.
- Lack of Testamentary Capacity
At the time the will was signed, the person creating it must have understood the nature of their assets, who their beneficiaries were, and the effect of signing the document. If they didn’t have testamentary capacity and you were disinherited, this may raise questions about whether the aforementioned requirements were met.
- Undue Influence
Sometimes disinheritance can occur because of undue influence. If the testator was manipulated or pressured into changing the terms of the will to benefit a caregiver or other family members, this may be grounds to contest the will.
- Fraud or Forgery
If you believe you were disinherited as a result of fraud or forgery, or if the will was not properly executed under Florida law, you may challenge it. Generally, a valid Florida will must be in writing, signed by the testator, and witnessed by two individuals, in accordance with the state’s legal requirements.
Since Florida probate litigation involves strict filing deadlines and complex legal requirements, if you believe you were wrongfully disinherited, you should seek legal advice as soon as possible.
Contact Us for Legal Help
If you believe you were unfairly disinherited or have questions about contesting a will, contact our Miami probate and estate litigation lawyer at Valero Law today by calling 305-607-7011 to discuss your options. We serve clients in Davie, Coconut Grove, Broward County, and Miami-Dade County.
