Probate Attorney in North Florida Put Over 25 Years of Experience to Work for You!

Will Litigation Attorney in Gainesville

Contesting & Defending Wills in Gainesville, Florida Since 1987

A will dispute puts significant assets and family relationships under pressure at the same time. Whether you believe a will doesn’t reflect your loved one’s true intentions or you’re defending a will you believe is valid, I help clients on both sides at The Law Office of Robert J. Warren, P.A.. I’ve worked with North Florida families since 1987, and because I draft wills as part of the same practice, I read the documents at the center of a dispute with the same eye I use when preparing them.

Will validity disputes in Florida typically turn on four grounds: lack of testamentary capacity, undue influence, fraud or duress, and improper execution. Each requires its own factual and legal analysis. I handle all four, both for those contesting a will and for personal representatives and beneficiaries defending one.

A free, no-obligation consultation is available to review your situation. Call me directly at (352) 632-1932 to speak with Robert J. Warren, not a staff member or associate.

Why Work with Robert J. Warren on a Will Contest

My BV rating from Martindale-Hubbell reflects high legal ability and adherence to ethical standards, and I’ve received the Avvo Client’s Choice Award from clients I’ve represented. I’m also a member of WealthCounsel and The Fund, organizations that hold their members to rigorous practice standards in estate law.

What directly benefits a will contest client is the drafting side of my practice. I prepare wills, trusts, advance directives, and durable powers of attorney regularly. That background shapes how I evaluate whether a contested will meets Florida’s execution requirements and whether the facts suggest the testator had the capacity and freedom to sign it. You work with me throughout your matter, not an associate who inherits your file.

Will-Validity Disputes I Handle

This page covers will-validity challenges specifically. I represent clients contesting a will on grounds of improper execution, fraud, undue influence, or lack of testamentary capacity. I also represent personal representatives and beneficiaries defending a will against these same challenges. Trust disputes, trustee breach of fiduciary duty, and guardianship matters fall under a separate area of the practice.

Florida recognizes all four of the following as legal grounds to challenge a will’s validity:

Lack of testamentary capacity: The testator didn’t understand the nature of the act, the extent of their property, or who their natural heirs were at the time of signing
Undue influence: Someone in a position of trust or authority over the testator overrode their free will in making or changing the document
Fraud or duress: The testator was deceived about what they were signing or coerced into signing it
Improper execution: The will wasn’t signed and witnessed according to Florida’s formal requirements

Florida Law on Contesting a Will

Under Fla. Stat. § 732.5165, a will is void if its execution was procured by fraud, duress, mistake, or undue influence. A valid Florida will also requires the testator to sign in the presence of two witnesses, who must sign in the presence of the testator and each other. A self-proving affidavit attached to the will can simplify proof of execution, but it doesn’t make the will immune to challenge on other grounds.

On the burden of proof, Fla. Stat. § 733.107 places the initial burden on the will’s proponent to establish proper execution and attestation. Once that’s shown, the burden shifts to the contestant to prove the specific grounds asserted. One provision that surprises many clients: under Fla. Stat. § 732.517, a no-contest clause in a Florida will is unenforceable. That clause doesn’t prevent a legitimate challenge.

Who Can Contest a Will & How Long You Have

Not everyone affected by a will has the legal right to challenge it. Under Fla. Stat. § 731.201, standing belongs to an “interested person”: a beneficiary named in the current will or a prior one, or an heir who would inherit under intestate succession if the will were set aside.

The deadline matters as much as standing. Once the personal representative serves a Notice of Administration, Fla. Stat. § 733.212(3) gives an interested person three months to file an objection or petition contesting the will. Missing that window can bar the contest entirely, regardless of how strong the underlying claim might be. If you’ve received a Notice of Administration in a Gainesville, FL, estate, contact me before that period closes.

Defending a Will Against a Challenge in Gainesville

When a will is contested, the personal representative has both the authority and the obligation to defend it. Beneficiaries named in the will may also have a direct interest in that defense. I represent both in Gainesville-area probate proceedings, working to establish proper execution and counter the specific grounds the contestant has raised.

Decades of drafting Florida-compliant wills give me a practical perspective here. I know what a properly prepared will looks like, how capacity is typically documented at the time of signing, and where the factual record is most likely to be tested. Under Florida law, the will’s proponent bears the initial burden of proving proper execution and attestation before the burden shifts to the contestant, and getting that foundation right from the start shapes how the rest of the case develops.

How a Will Contest Unfolds in Florida Probate Court

A will contest begins with a petition filed in the probate division where the estate is being administered. For Alachua County estates, that means the Eighth Judicial Circuit’s probate division at the Alachua County Family and Civil Justice Center in Gainesville, Florida. The petition identifies the grounds for the challenge and asks the court to set aside the will or refuse to admit it to probate.

Florida courts generally require mediation before a contested probate matter proceeds to an evidentiary hearing. Mediation gives both sides an opportunity to resolve the dispute without a full hearing, which can reduce cost and time for everyone involved. If mediation doesn’t resolve the matter, the case moves into discovery.

Discovery in a will contest is targeted. It typically includes:

Depositions of the attesting witnesses who signed the will
Medical records relevant to the testator’s mental condition at the time of signing
Communications with the drafting attorney, including notes and any capacity assessments made at the time

If the case reaches a hearing, a judge decides the outcome. Contested probate matters in Florida aren’t tried to a jury. The evidentiary record built during discovery, combined with the legal arguments on execution, capacity, and influence, forms the basis for the judge’s ruling.

We've Helped Many People in Your Shoes

See What They Have to Say!

Start with a Free Consultation on Your Will Dispute

Whether you’re considering a challenge or defending against one, the sooner you get an assessment of the legal record, the better informed you can be about your position. I offer a free, no-obligation consultation to review the circumstances of your dispute and explain what Florida law requires in your situation.

I handle these matters personally. You won’t be passed to staff or an associate. Call The Law Office of Robert J. Warren, P.A. at (352) 632-1932 to schedule your consultation with Robert J. Warren directly.

“easy to work with, communicative throughout the process and helped overcome a few key issues that could have derailed our closing. 10/10 would definitely recommend!!”
I recently used Robert Warren to help in the closing of my mom's home, and couldn't be happier with how it went. Robert and his assistant Lois were easy to work with, communicative throughout the process and helped overcome a few key issues that could have derailed our closing. 10/10 would definitely recommend!!

C. Delatorre
“Mr Warren is an exceptional lawyer!”
We are so appreciative to Mr Warren and his associate Lois with their help in selling our house. Their expertise in legal matters and in handling all situations involved gave us peace of mind! Thank you again for all your help!

Hector and Debra
“Exceptional attorney!”
Mr. Warren is knowledgeable and honest. His rates are reasonable and fair. His dedication and tenacity resulted in a very favorable outcome in my real estate case. I would highly recommend him without hesitation and would definitely use his services again.

Rechelle
“He made a tough situation, smooth”
I had a real estate situation needing legal help. He seemlessly solved the issues and the transition was professional and done quickly. I would go back to him again and again.

Dawn W.
“He is the most personable, competent and most accessible lawyer that my husband and I have ever worked with.”
Robert was excellent to work with. He is the most personable, competent and most accessible lawyer that my husband and I have ever worked with. Not only did Mr. Warren do the job we asked him to do, he made himself available to answer any questions or concerns we had along the way. His expertise and genuine care for the client is why we will work with him on our next venture. We 100% absolutely recommend him for legal advice.

Dana Rio
“Robert managed to help so much in relieving the stress we were in. His assistance and dedication for us made our process much easier than expected.”
Robert managed to help so much in relieving the stress we were in. His assistance and dedication for us made our process much easier than expected. He took care of the small details other neglected to put the time and efforts to solve. He made us feel like we are in good hands and in the end we were. We are really thankful for his hard work. Highly recommend him for real estate assistance and guides.

Judy Michalson
“Mr. Warren is an outstanding attorney.”
Mr. Warren is an outstanding attorney. He helped me on multiple real-estate matters that were fairly complicated. His advice was excellent, he advocated for my interests, and he was highly responsive. I am grateful for his efforts and intend to use him in the future again.

S. Kiousis
“My estate settlement went swimmingly thanks to Robert.”
Robert helped me with the sale of my home. This man was so knowledgeable he practically handled the whole thing for me. Not to mention his secretary is an absolute delight, so courteous and polite. Robert is the most phenomenal lawyer I've ever had to pleasure of working with.

Daniel

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