{"id":4065,"date":"2026-10-25T03:53:05","date_gmt":"2026-10-25T03:53:05","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/lawyer-who-drafted-will-challenged-florida\/"},"modified":"2026-10-29T06:54:24","modified_gmt":"2026-10-29T06:54:24","slug":"lawyer-who-drafted-will-challenged-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/lawyer-who-drafted-will-challenged-florida\/","title":{"rendered":"Florida Lawyer-Drafted Will: Can It Be Challenged?"},"content":{"rendered":"\n
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Probate Litigation | Coral Gables, Florida<\/p>

Florida Lawyer-Drafted Will: Can It Be Challenged?<\/h1>

A will prepared by a lawyer is not automatically beyond dispute. Learn the grounds Florida courts consider and how Trust Counsel, PL evaluates a contest.<\/p>

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By Leslie V. Marenco \u00b7 Published October 24, 2026<\/p>\n\n

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Yes. A will drafted by a lawyer can be challenged in Florida. Having a lawyer prepare the document does not shield it from review. When a lawyer drafted will also names that lawyer as a beneficiary, extra questions come up. This page explains the main tests and the deadline that matters most.<\/p>\n

The Short Answer: Yes, a Will Drafted by a Lawyer Can Be Challenged<\/h2>\n

Yes, a will prepared by a lawyer can be challenged in Florida. A lawyer’s role does not make a will immune from review. Keep two questions apart. The first is whether the will itself is valid. The second is whether a gift in the will to the lawyer who drafted it can be enforced.<\/p>\n

The first question looks at how the will was signed, witnessed and made. The second looks at the lawyer’s role and who receives what.<\/p>\n

The answer depends on the facts of the drafting, the signing and the gifts. Each dispute turns on its own record.<\/p>\n

This page covers the tests in order. They are formal requirements, the gift rule, witness rules, grounds for challenge, standing and the objection deadline.<\/p>\n\n

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If a will your family relies on was drafted by a lawyer who also benefits from it, you don't have to sort out the deadlines alone. Trust Counsel's attorneys in Coral Gables can talk it through with you. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

What Makes a Florida Will Valid in the First Place<\/h2>\n

It must be in writing. The person who made it, called the testator, must sign at the end. Or another person can sign the testator’s name at the end, in the testator’s presence and by the testator’s direction.<\/p>\n

Two attesting witnesses must be present when the testator signs or acknowledges the will. Those witnesses must then sign in the testator’s presence and in each other’s presence.<\/p>\n

A missed step gives a challenger a basis to object. The person offering the will must first prove its formal signing and witnessing. A self-proving affidavit can help prove those steps at the start of a dispute.<\/p>\n

When the Drafting Lawyer Is Also a Beneficiary<\/h2>\n

A gift in a will or trust to the lawyer who drafted it is generally void in Florida. The main exception applies when the lawyer or other recipient of the gift is related to the person making the gift. (Fla. Stat. \u00a7 732.806<\/a>) The rule applies when the lawyer prepared or supervised the signing, or solicited the gift.<\/p>\n

“Prepared” reaches past the lawyer’s own hands. A lawyer counts as having prepared a document if someone employed by the same firm did that work. The rule covers more than wills. It also reaches trusts, deeds and certain beneficiary designations.<\/p>\n

Not every appointment is caught. The rule does not apply to naming a lawyer, or a related person, as a fiduciary. A fiduciary manages property for others, such as a trustee or a personal representative (often called an executor). The statute applies only to documents signed on or after October 1, 2013.<\/p>\n

Losing one gift does not automatically cancel the whole document. A void gift is cut out, and the rest can still take effect. That includes an alternate or substitute gift. The rule targets a gift that makes a gift to a lawyer or a person related to the lawyer when the lawyer prepared or supervised the document or solicited the gift. A gift is excepted when the lawyer or other recipient is related to the person making the gift.<\/p>\n

Interested Witnesses and Other Conflicts Around the Signing<\/h2>\n

A beneficiary who signs as a witness does not, by that fact alone, make a Florida will invalid. Any person competent to be a witness may act as one. (Fla. Stat. \u00a7 732.504<\/a>) A will is not invalid just because an interested witness signed it.<\/p>\n

It needs its own review of the facts. The same goes for a lawyer or staff member who witnesses a document that benefits them or their family. That signing raises questions a court may examine.<\/p>\n

Write down the basic facts about the signing. Note who was in the room, who acted as a witness, who arranged the meeting and where the original will is kept. These details help show how the signing happened.<\/p>\n\n

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Undue Influence, Fraud, and Duress: The Common Grounds for a Challenge<\/h2>\n

A will is void if fraud, duress, mistake or undue influence procured its execution. Florida law treats a will as void if its execution was procured by undue influence, among other grounds. Fraud means deception. Duress means threats or force.<\/p>\n

A Florida Courts memo on undue influence explains the definition and the burden-shifting rule. (Florida Courts undue influence memo<\/a>) The memo explains the undue influence presumption and burden-shifting rule. That rule is not in Fla. Stat. \u00a7 732.504<\/a>, which says that any person competent to be a witness may act as a witness to a will, and that a will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness.<\/p>\n

Questions a court may examine include the maker’s health and independence. They also include whether a beneficiary arranged the will and whether it was kept secret. Another question is whether the new plan favors one person over earlier plans. A California court guide notes that these cases can be hard to prove. (California court undue influence guide<\/a>)<\/p>\n

A diagnosis of cognitive decline can become part of the evidence. Medical records and the timing of the will often matter. No single fact decides the case. For more on how forged documents are handled, see the forged will or trust page<\/a>.<\/p>\n

Who Has Standing and How Long a Person Has to Object<\/h2>\n

(Fla. Stat. \u00a7 731.201<\/a>) An interested person is any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved, but not a beneficiary who has received complete distribution.<\/p>\n

In any proceeding affecting the estate or a beneficiary’s rights in it, the personal representative (often called an executor) is treated as an interested person.<\/p>\n

Delay can affect whether you are able to raise an objection.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

What Happens After a Challenge Is Filed, and the Next Step<\/h2>\n

Once an objection is filed, the dispute moves inside the probate case. The person offering the will must first prove its formal execution. The challenger then must establish the grounds raised. The matter may go to a hearing or end in a settlement.<\/p>\n

Quick Answers<\/h3>\n
How long does a person have to contest a will in Florida?<\/summary>

The exact rules are set out in Florida’s probate code.<\/p><\/details>

Can a beneficiary also be a witness?<\/summary>

Yes. A will is not invalid just because an interested witness signed it.<\/p><\/details>

Is a gift to the lawyer who drafted a will always void?<\/summary>

Not always.<\/p><\/details>\n

If a will names the lawyer who drafted it, or a signing raised questions, this can be hard while you’re grieving. The deadlines may already be running. Trust Counsel’s trust litigation attorneys in Coral Gables focus on probate and trust disputes, including will validity questions. The firm advises and represents trustees, personal representatives and beneficiaries. See trust litigation attorney services<\/a>.<\/p>\n

Leslie V. Marenco is the responsible lawyer for this page. The firm’s only office is in Coral Gables, Florida. Your first consultation is free, confidential, and carries no obligation to continue. Call (305) 707-7126 or schedule online<\/a>.<\/p>\n\n<\/article>\n