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Settling an estate is hard enough while a family is grieving. But sometimes it turns into something worse: a will that does not look right, a personal representative who cannot be trusted, or relatives who end up at war over what a loved one left behind. When that happens, the situation stops being paperwork and becomes a genuine legal fight.
The good news is that Florida law gives you real tools to make things right, and real protections if you are the one being accused. The hard part is that the law does not wait, so what you do in the first weeks often decides how the whole dispute turns out.
At Weldon Law Group, PLLC, we help good people across Jacksonville, Duval County, and Northeast Florida stand up for what a loved one actually wanted, whether that means challenging something wrong or defending against an unfair claim. Attorney Ian Weldon and our team bring steady, focused advocacy to some of the most painful disputes a family can face.
Most estates move through probate quietly. A personal representative is appointed, obtains their authority through letters of administration, pays the valid debts, and distributes what remains. That is ordinary probate administration, and it is not a fight.
Probate litigation is what happens when that process breaks down. It is the contested side of probate, where someone challenges the validity of a will, questions how the estate is being handled, or fights over who is entitled to what. These are formal legal proceedings, not disagreements settled around a kitchen table, and they call for a different kind of representation.
Probate disputes come from both directions. Someone may need to bring a claim, and someone else may need to defend against one. We represent clients on either side.
We help clients who need to take action to protect an inheritance or an estate, including:
Not every claim is a fair one. We also defend clients against challenges, including:
You cannot contest a will in Florida simply because it feels unfair or you were left out. To succeed, you must prove a specific legal ground that makes the will invalid. A valid Florida will has to meet strict requirements, which you can read about on our last will and testament page, and a challenge usually rests on one of the grounds below.
Ground | What it means | Common warning signs |
Undue influence | Someone pressured or manipulated the person into changing the will | A caregiver or new acquaintance suddenly becomes a major beneficiary |
Lack of capacity | The person did not understand what they were signing | Dementia, heavy medication, or serious illness at the time of signing |
Fraud or duress | The will was procured through deception or threats | Signatures obtained under pressure or on false pretenses |
Improper execution | The will did not meet Florida’s signing rules | Missing witnesses or a will not signed properly |
Breach of fiduciary duty | The personal representative mismanaged the estate | Missing money, self-dealing, or no accounting given to heirs |
Under Section 732.5165 of the Florida Statutes, a will procured by fraud, duress, mistake, or undue influence is void.
Undue influence is the most common ground. Florida law can shift the burden to the will’s defenders once a challenger shows that a substantial beneficiary held a position of trust and was active in creating the will. That framework can make a strong case far more winnable than families expect.
Many wills and trusts include a clause stating that anyone who challenges them forfeits their inheritance. These are called “no contest” or in terrorem clauses, and they exist to scare beneficiaries out of asking questions.
Here is what most people do not know: in Florida, these clauses are unenforceable. Under Section 732.517 of the Florida Statutes, a penalty clause in a will is disregarded entirely, and the same rule applies to trusts. Florida is one of the few states that voids them outright.
That means you do not have to choose between protecting your rights and protecting your inheritance. If you have genuine concerns about a will or a trust, you can raise them without an automatic forfeiture hanging over you.
Contact us for more information about our services.
Probate litigation rewards fast action and punishes delay, in two different ways. First, the deadlines are strict. An interested person who is served with a Notice of Administration generally has only three months to object to the validity of a will.
If you are formally served with the petition for administration before letters are issued, that window can be as short as 20 days. Trust challenges carry their own deadline, generally six months. Miss the deadline, and even a strong claim can be lost for good.
Second, the evidence is perishable. Undue influence and capacity cases often turn on medical records, the drafting attorney’s notes, and the memories of people who knew your loved one. The longer you wait, the harder that proof is to gather. Acting early is often the single most important thing you can do to protect your position.
We approach every dispute with a clear plan and an eye on the clock:
Many probate disputes settle before trial, but we prepare each case as though it will go the distance, because that is what puts you in the strongest position to resolve it well.
These cases are personal, and they deserve a lawyer who treats them that way. Families rely on Weldon Law Group, PLLC, for:
If something about an estate does not sit right, or if you are being accused of wrongdoing you did not commit, the worst thing you can do is wait. A short, confidential conversation can tell you whether you have a claim or a defense, what deadline you are facing, and what the next step should be. Reach out today so we can protect what your loved one intended and the people they left behind.
Question | Answer |
Can I contest a will just because I was left out or treated unfairly? | No. Being disappointed by a will is not a legal ground on its own. A contest has to rest on something like undue influence, lack of capacity, fraud, or improper execution. We can review the circumstances and tell you honestly whether a real claim exists. |
How much does probate litigation cost, and who pays? | It depends on the dispute and how it is resolved. In some cases, fees can be paid from the estate, and some matters can be handled on other arrangements. We talk through the likely cost and approach at the very first meeting, before you commit to anything. |
Can I challenge how the personal representative is handling the estate? | Yes. If a personal representative is mismanaging assets, self-dealing, or refusing to account to the beneficiaries, you can ask the court to compel an accounting, order repayment, or remove and replace them. |
What happens if I win a will contest? | If a will is found invalid, the court generally sets it aside and the estate passes under the prior valid will, or under Florida’s intestacy law if there is none. The exact outcome depends on what the challenge proved. |
Can a trust be contested the same way as a will? | Often yes, on similar grounds like undue influence or lack of capacity, but trusts follow their own rules and a shorter contest deadline. Because the timeline is tight, it is worth getting advice quickly. |
How long does probate litigation take? | It varies widely. Some disputes resolve in a few months through negotiation or mediation, while contested cases that go to trial can take a year or more. Acting early tends to keep both the cost and the timeline down. |
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