Contested Probate and Will Challenges in Boca Raton, FL

Picture a Boca Raton family gathered after a parent’s passing. The decedent owned a condo near Mizner Park and had a will drafted just three weeks before death, leaving everything to a recently hired in-home caregiver. One adult child, expecting an equal split, suspects something is wrong. This is how a contested probate often begins in Palm Beach County: not with greed, but with a document that does not match what the family understood.

What It Means to Contest a Will

Contesting a will means asking the probate court to declare all or part of the document invalid. In Florida, this happens within the formal administration opened in the Palm Beach County Circuit Court. An “interested person” — typically a beneficiary or an heir who would inherit if the will failed — files a petition or objection. A neighbor or distant friend with no financial stake generally cannot challenge the will.

Grounds Florida Courts Recognize

You cannot contest a will simply because it feels unfair. Florida law requires a legal basis. The most common grounds include:

• Improper execution. Section 732.502 requires the will be signed by the testator and witnessed by two people in each other’s presence. A will signed without proper witnesses can be set aside.
• Lack of testamentary capacity. The decedent must have understood the nature of the act, the property involved, and the natural objects of their bounty. A late-stage dementia diagnosis at a Boca Raton memory-care facility may support this claim.
• Undue influence. When someone in a position of trust — like that caregiver — procures a will benefiting themselves, Florida presumes undue influence and shifts the burden to that person to prove the gift was legitimate.
• Fraud or forgery. A signature obtained by deception, or one that simply is not the decedent’s, invalidates the document.

The Undue Influence Question

Florida courts weigh specific factors: was the influencer present when the will was signed, did they recommend the attorney, did they isolate the decedent, did they have prior knowledge of the will’s contents? In our Boca Raton example, the caregiver’s recent arrival, the sudden change benefiting her, and her role in scheduling the lawyer would all be examined together. No single factor decides the case.

The No-Contest Clause Trap

Some out-of-state families assume a will’s “in terrorem” clause — which threatens to disinherit anyone who challenges — will bar a contest. In Florida, these clauses are unenforceable under section 732.517. A beneficiary can challenge a Florida will without forfeiting their inheritance if the contest fails, which gives genuine concerns room to be heard.

Timing Matters

Once the personal representative serves a formal Notice of Administration, an interested person generally has 90 days to object to the will’s validity or be barred. Missing that window can permanently shut the door, so families in Boca Raton who suspect a problem should act quickly rather than wait for the estate to wind down.

How These Cases Resolve

Many contested probates settle through mediation, which the Palm Beach County courts often require before trial. A negotiated split can spare the estate the cost and delay of litigation — funds that would otherwise come out of the very assets everyone is fighting over.

Will contests turn on detailed facts and strict deadlines. If you believe a loved one’s will in the Boca Raton area does not reflect their true wishes, consult a licensed Florida probate attorney promptly to evaluate your standing and grounds.