How To Tell if a Will Is Invalid Under Florida Law

Just because your loved one created a will, it doesn’t mean it will be treated as the final word on how their estate should be treated. Small mistakes or serious concerns about how the will was created can lead to disputes in probate court. If something is off, it may be worth taking a second look. In this article, we discuss how you can tell if a will is invalid to help you protect your rights and ensure your loved one’s estate is handled properly.

1.    Improper Signing or Witnessing

In Florida, a valid will must comply with strict rules outlined in Florida Statute 732.502. The will must be in writing and signed by the testator, that is, the person creating it. It must also be signed before two witnesses, who sign the will in the presence of each other and the testator.

If any of these steps are missing, the will may not hold up in court. For example, if the will was signed by only one witness, has unsigned pages or signatures added at different times, they can raise serious issues and even invalidate it.

2.    Lack of Testamentary Capacity

A valid will requires that the testator was of “sound mind” at the time it was signed. This means they understood what they owned, who their beneficiaries were, and the purpose of the will.

If your loved one lacked testamentary capacity, either due to dementia, cognitive decline, or there is evidence of confusion around the time the will was executed, you may be looking at an invalid will. If they didn’t fully understand their decisions, their will can be challenged on grounds of capacity.

3.    Suspicious or Sudden Changes

Another common way to tell if a will is invalid is the presence of unexpected changes, especially late in life. For instance, if a long-time beneficiary is suddenly removed or a new individual, like a caregiver or an acquaintance, receives the bulk of the estate, that may raise concerns. These situations often lead to claims of undue influence. This happens when someone pressures or manipulates the testator into changing their will in a way that benefits the person doing the pressuring or manipulating.

4.    Revocation by a New Will or Destruction

If the testator created a new will, the newer document generally replaces the earlier one. Similarly, if the testator destroys their will, it may be considered revoked. If you have multiple versions of the will, it is critical to determine which version controls; otherwise, legal disputes may arise.

5.    It’s a Holographic Will

Florida doesn’t recognize holographic wills. These are wills written entirely in someone’s handwriting. Unless they meet the same formal requirements as any other will, such as proper signing and witnessing, holographic wills are generally unenforceable, even if the intentions seem clear.

What Happens if a Will Is Found Invalid?

If a will is declared invalid, the court will look for a prior valid will. If there is no will, the estate is distributed according to Florida’s intestacy laws, which set a fixed order of inheritance, often starting with the spouse and children.

Contact Us for Legal Help

If you believe a will may be invalid or have concerns about how your loved one’s estate is being handled, contact our Miami probate & estate litigation lawyer at Valero Law today by calling 305-607-7011. We serve clients in Davie, Broward County, Coconut Grove, and Miami-Dade County.

Source:

flsenate.gov/Laws/Statutes/2025/0732.502