Will Litigation in Fort Myers

Challenging or Defending a Will? We Know How They’re Built.

When questions arise about whether a loved one’s will reflects their true intentions, the legal path forward requires someone who understands not just how to litigate, but how wills are built in the first place. At Dorcey Law, we represent clients on both sides of a will dispute: families questioning a will’s validity and personal representatives defending one. Our daily work in estate planning and trust administration gives us direct working knowledge of how wills and estate plans are constructed. That same context is what will contests frequently turn on.

We serve clients throughout Fort Myers and Lee County. Free initial consultations are available for families evaluating whether a dispute has merit.

Grounds for Contesting a Will in Florida

A will contest is not simply a disagreement over who receives what. Florida law limits the grounds on which a will’s validity can be formally challenged, and a contest must be built on one of those recognized legal theories.

Florida recognizes the following grounds for challenging a will’s validity:

• Lack of testamentary capacity: The testator did not have the ability to understand the nature and extent of their property, their relationship to those who would naturally claim a substantial benefit from the will, or the practical effect of the will as executed.
• Undue influence: Someone in a position of trust or authority overrode the testator’s free will, producing a document they would not otherwise have made.
• Fraud or duress: Misrepresentation or coercion, rather than the testator’s genuine intent, produced the document.
• Defective execution: Florida law requires a will to be in writing and signed by the testator in the presence of at least two witnesses, who must also sign in the presence of the testator and each other. Defects in that process can independently support a contest.

A will contest must be filed within the probate proceeding. It is not a separate lawsuit, and strict deadlines apply from the moment a Notice of Administration is served.

Why Fort Myers Families Choose Dorcey Law for Will Disputes

Will litigation requires a firm that understands how estate plans work from the inside. Because estate planning and trust funding are our primary work, we recognize the conditions that give rise to disputes: outdated documents, ambiguous beneficiary designations, and plans that were not properly implemented. That background is a practical asset when evaluating a will contest or building a defense.

Our full-time Trust Funding Department means our attorneys understand how assets are titled and transferred, context that matters directly when a dispute involves questions about how a plan was actually carried out. Our multi-attorney structure with clearly defined roles allows will litigation clients to draw on collaborative review throughout the dispute process.

A few additional reasons Lee County families choose our firm:

• Recognized credentials: Our attorneys have received recognition from Super Lawyers and Florida Trend and are peer-rated for ethical standards and legal ability.
• WealthCounsel membership: We are members of WealthCounsel, a national network of estate planning attorneys.
• Defined communication standards: Clients receive defined response timelines and consistent access to our team, which matters during a dispute when questions arise at every stage.
• Thousands of clients served: We have supported thousands of clients and assist with hundreds of trust-related matters annually throughout Fort Myers and the surrounding area.

Start with a Free Will Contest Consultation

Florida imposes strict filing deadlines on will contests. Under Florida Statute 733.212, an interested person served with a Notice of Administration has three months to file an objection. Missing that window bars the claim regardless of its underlying merits. The same urgency applies on the defense side: a personal representative who receives a challenge should act promptly.

We represent clients throughout Fort Myers and Lee County on both sides of will disputes, and our free initial consultations carry no obligation.