Can a person fight being disinherited in a will in Florida?

Under certain circumstances and depending on their relationship to the decedent a person may challenge a will in Florida. A testator cannot disinherit their spouse. The spouse can claim 30% of the estate under Florida law.

An adult child can be disinherited by simply leaving them out of the will. However, it is better to mention that you leave them nothing in the will in order to make it clear that you are disinheriting them. A child who is simply not mentioned in a will can try to challenge it on the grounds that you forgot to mention your child. If the challenge is successful, the child will be awarded a statutory share in the estate.

However, there are certain grounds for making a challenge:

• The will wasn't signed in accordance with applicable state laws.
• The Testator lacked testamentary capacity to sign a will.
• The Testator was unduly influenced into signing a will.
• The will was procured by fraud.