Florida Wills, Trusts & POA Attorney

Contested guardianships almost always raise questions about the documents the ward signed before or during incapacity. A will executed shortly before a capacity petition, a trust amendment made under pressure, or a durable power of attorney used to move money can all become probate disputes after death. This page explains the Florida rules that govern validity and how we apply them when guardianship litigation precedes probate.

Will Formalities Under Section 732.502

A valid Florida will must be in writing, signed by the testator at the end, and witnessed by two people who sign in the presence of the testator and each other. Florida also recognizes properly executed electronic wills. When a will was signed close to the onset of incapacity, opposing parties often challenge it for failure of these formalities, lack of testamentary capacity, or undue influence.

Capacity and Undue Influence

The capacity to make a will is lower than the capacity needed to manage daily affairs, so a person under guardianship of the property may still have made a valid will. Undue influence claims, however, are common where one family member isolated the ward. Florida courts examine factors such as the influencer’s presence at signing and involvement in procuring the document.

Revocable and Irrevocable Trusts Under Chapter 736

The Florida Trust Code governs revocable and irrevocable trusts. A revocable trust is a frequent target after a contested guardianship because amendments may have been made while capacity was already in question. We review trustee accountings, amendment timing, and the same capacity and influence standards that apply to wills.

Durable Powers of Attorney Under Chapter 709

A durable power of attorney under Florida’s Power of Attorney Act survives incapacity and gives an agent broad authority. When a guardianship was contested, the agent’s pre-guardianship transactions, gifts, and account transfers are scrutinized. Florida law requires specific authority for gifts and self-dealing, and unauthorized transfers can be reversed.

Bringing It Into Probate

Whether you seek to admit a will, defend a trust, or recover assets moved under a power of attorney, the guardianship record is often the best evidence. We coordinate the prior file with the probate proceeding to support or contest each document.

Consult a Florida Attorney

Document validity turns on detailed facts and expert review. This page is general information, not legal advice. Consult a licensed Florida attorney before challenging or defending any will, trust, or power of attorney connected to a contested guardianship.