Contest a Beneficiary in Florida: What to Know

Is it hard to contest a beneficiary? It can be, and the answer turns on which document names that person. A will, a revocable trust, a life insurance policy and a retirement account each follow different rules. Florida also sets short deadlines, so timing matters as much as the evidence. This guide explains the basics for heirs and named beneficiaries who are trying to understand their options.

The short answer: it depends on what document names the beneficiary

Contesting a beneficiary named in a will or trust is a different task from changing a beneficiary designation on a life insurance policy or retirement account. A will or trust is a document a court can review, and a will often goes through probate. A designation form is usually a contract or plan form, and the policy or plan terms usually decide who gets paid.

That split is the first question to answer. Once you know which document controls, you can check the grounds, the evidence and the deadline that fit it. The rest of this page follows that order.

For the broader practice area, see our trust litigation attorney services page. For how probate works and when disputes need a court, the American College of Trust and Estate Counsel overview is a useful starting point.

Who can challenge a beneficiary in Florida?

Usually, only a person with a real stake in the document can challenge it. Heirs and beneficiaries who would gain or lose under a will or trust usually have the strongest position.

A sibling is a common example. A sibling who is an heir or a named beneficiary has a direct stake and can often bring a challenge.

Florida law gives interested persons a way to act on a will. Under § 733.109, an interested person may start a proceeding to revoke a will’s probate before the personal representative receives final discharge. That right is limited, because some earlier deadlines can bar it.

Standing is a threshold question. It asks whether this person has enough at stake to bring the claim at all. When that is disputed, a court decides it before reaching the merits.

What are the common grounds for contesting a will or trust?

The usual grounds are fraud, duress, mistake, undue influence, lack of capacity and improper execution. Each ground has its own proof, and the person raising it carries the burden.

For a will, § 732.5165 says a will is void if its execution is procured by fraud, duress, mistake, or undue influence. For a trust, § 736.0406 applies the same idea to its creation, amendment or restatement.

In a will contest, the person offering the will must first prove its formal execution. After that, the contestant must establish the grounds, as § 733.107 provides. For a trust, the contestant has the burden from the start, under § 736.0207.

Undue influence has its own presumption. Under the same § 733.107, the presumption of undue influence, which implements public policy against abuse of fiduciary or confidential relationships, is a presumption shifting the burden of proof under ss. 90.301-90.304. A Florida Courts undue influence memo explains that rule and why these cases can be hard to prove.

Courts often look at medical records near the signing date, drafting history, witness accounts, earlier versions of the document, and communications. A failure to comply with the online notarization procedures in § 117.265 does not impair the validity of the notarial act or the electronic record that was notarized, though it may be introduced as evidence of possible fraud, forgery, or other problems.

Are beneficiary designations on life insurance and retirement accounts different?

A challenge to a life insurance or retirement account designation usually asks whether the form was valid, made with capacity, or changed the right way. The policy terms and the plan’s own forms matter most, so start there.

Some property passes by its own terms and skips the will or trust. A designated account often pays the named person directly. That limits what a will or trust contest can reach.

Before you challenge anything, gather the policy, the designation form and any change requests. The date and wording of the last change can matter a great deal.

Who can remove or change a beneficiary?

The person who created a will or revocable trust can usually change it, as long as they have the required capacity. For a revocable trust, that capacity is the same as the capacity needed to make a will, under § 736.0601. A signed change by that person is the most direct way a beneficiary is removed.

When someone disputes a removal, a court decides it.

Many wills and trusts include a no-contest clause. Florida makes unenforceable a will provision that penalizes an interested person for contesting the will or instituting other proceedings relating to the estate, under § 732.517. For trusts created on or after October 1, 1993 (a revocable trust is treated as created when the right of revocation terminates), the same rule applies under § 736.1108.

How is fiduciary misconduct different from a beneficiary contest?

Misconduct claims target what a fiduciary did. A beneficiary contest targets whether the will or trust is valid, or whether a change to it should be undone.

Courts may review conduct such as self-dealing, failing to account for assets, commingling funds, failing to inventory assets, and distributions that ignore the governing document. A beneficiary may face both kinds of issues in one matter. For example, a beneficiary may challenge a document and also question how assets were handled.

If your concern is misconduct rather than entitlement, see how to sue a trustee for breach of fiduciary duty. If you’re unsure which role a person holds, the trustee and co-trustee roles page explains the difference.

How does a challenge unfold, and why does timing matter?

A challenge usually moves from notice to a formal filing, then to discovery, and then to mediation or a hearing. Length and cost vary from case to case.

Deadlines are short. If you’re served with a notice of administration, you must file any objection to the will’s validity within 3 months after service of that notice. Under § 733.212, the 3-month period can be extended only for estoppel based on a personal representative’s misstatement. Objections must also be filed no later than the earlier of final discharge or 1 year after service, unless sooner barred by subsection (3).

Trust deadlines follow their own rules. An action to contest a trust that was revocable at the settlor’s death is barred if not started within the earlier of the chapter 95 time or six months after the trustee’s required notice, under § 736.0604. A challenge to a revocable trust also waits until the trust becomes irrevocable by its terms or by the settlor’s death, under § 736.0207; if all of a revocable trust has been revoked, a challenge to the revocation waits until after the settlor’s death. This does not bar such an action by the guardian of the property of an incapacitated settlor. A will cannot be challenged before the death of the person who made it, under § 732.518.

Some disputes settle through mediation. The American Arbitration Association describes mediation as a process that may resolve a dispute faster than litigation.

Talking with a trust litigation attorney in Coral Gables

Many people look into these questions for a parent or other relative, often after a death or a change they didn’t expect. A consultation can help you sort out which document controls, which deadline may apply, and what to do next.

Leslie V. Marenco is the responsible lawyer for this page at Trust Counsel, PL. The firm’s only office is in Coral Gables, and we serve clients in Florida. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries.

Bring the will, trust, policy or designation form, and a timeline of events, including any notice you received. The first consultation is free, confidential, and carries no obligation to continue.

If a will, trust or designation has you worried, you don’t have to work out the deadlines alone. Call (305) 707-7126 or schedule online to talk through your situation.