Being left out of a will as a child can be a distressing and confusing experience. It is essential for individuals in this situation to understand their legal rights and options. This article will provide an overview of the legal rights of children in a will and the grounds for contesting a will, with a specific focus on the laws in Florida.

Understanding these legal aspects is crucial for anyone who has been disinherited or is considering taking legal action to contest a will. By knowing their rights and the legal framework, individuals can make informed decisions and seek the appropriate legal recourse.

Legal Rights of Children in a Will

Children have legal rights to inherit from their parents' estates. However, in some cases, a child may be intentionally excluded from a will, a situation known as disinheritance. Disinheritance can be achieved through the use of a disinheritance clause in a will. In Florida, the law prohibits the disinheritance of minor children under the age of 18. However, adult children can be disinherited.

For example, imagine a scenario where a parent creates a will that explicitly disinherits their adult child. In this case, the adult child would not have a legal right to claim any portion of the parent's estate. It is important to note that the laws regarding disinheritance may vary from state to state, so it is crucial to consult with a qualified attorney to understand the specific laws in your jurisdiction.

It is worth mentioning that minor children in Florida have legal rights even if they are not explicitly mentioned in the will. Florida law allows minor children to have a share of their parent's estate, regardless of what the will states. This is known as the "elective share" or "forced share" of the estate. The elective share is typically determined by the length of the marriage and the number of children involved. It is essential to consult with a qualified attorney to understand the specific details and calculations related to the elective share in Florida.

Grounds for Contesting a Will

There are several grounds for contesting a will, and understanding these grounds is important for anyone considering taking legal action. In Florida, the grounds for contesting a will include lack of required formalities, lack of capacity, undue influence, insane delusion, and fraud.

Improper execution of the will or failure to have the will properly witnessed can be grounds for contesting. If a testator lacked the mental capacity to understand the nature and consequences of creating a will, the will can be contested on the grounds of lack of capacity. Undue influence refers to situations where someone exerts pressure on the testator to change the contents of the will, while insane delusion involves false beliefs held by the testator that influenced the distribution of assets in the will. Additionally, fraudulent activities such as forging a signature or altering the contents of a will can also be grounds for contesting.

To contest a will in Florida, the burden of proof falls on the person challenging the will. They must provide sufficient evidence to support their claim and demonstrate that the grounds for contesting are valid. This may involve gathering medical records, witness testimonies, or other relevant documents to support the allegations. It is essential to consult with a qualified attorney who specializes in will contests to navigate the complex legal process and ensure that the necessary evidence is collected and presented effectively.

Process of Contesting a Will

Contesting a will is a complex legal process that requires careful consideration and expert guidance. The process typically involves several steps, including consultation with a qualified attorney specializing in will contests, gathering evidence to support the grounds for contesting, filing a petition with the appropriate court, participating in court proceedings, and presenting evidence and arguments.

If someone believes that they have been wrongfully disinherited, they would consult with an attorney who specializes in will contests. During the initial consultation, the attorney will evaluate the case and determine the strength of the grounds for contesting. They will guide the individual through the process, explaining the necessary steps and deadlines involved.

Once the decision to contest the will has been made, the next step is to gather evidence to support the grounds for contesting. This may involve collecting medical records, financial documents, witness testimonies, or any other relevant evidence that can strengthen the case. The attorney will assist in this process, ensuring that all necessary evidence is obtained and organized effectively.

After the evidence has been collected, a petition is filed with the appropriate court to initiate the will contest. The court will review the petition and schedule a hearing, during which the parties involved will present their evidence and arguments. It is crucial to have a knowledgeable attorney representing the individual contesting the will to present the case effectively and advocate for their rights.

Following the hearing, a judge will make a decision on the validity of the will and the claims made in the contest. The judge may rule in favor of the contesting party and make adjustments to the distribution of assets, or they may uphold the original will. The outcome will depend on the strength of the evidence presented and the application of relevant laws.

Specific Considerations for Contesting a Will in Florida

When contesting a will in Florida, there are specific considerations to keep in mind. As mentioned earlier, Florida law prohibits the disinheriting of minor children under the age of 18. However, adult children can be disinherited. It is crucial to hire a qualified attorney with expertise in will contests due to the complexity of the process and the importance of adhering to specific deadlines.

It is also important to note that there are time limitations for contesting a will in Florida. In general, a will must be contested within a specific period, typically within a few months after the will has been admitted to probate. Failing to meet the deadline may result in the inability to contest the will. Therefore, it is essential to consult with an attorney as soon as possible to ensure that all necessary actions are taken within the required timeframe.

When contesting a will in Florida, it is crucial to have a thorough understanding of the specific laws and regulations that apply. Consulting with a qualified attorney who specializes in will contests in Florida is essential to ensure that the individual's rights are protected and that the best possible outcome is achieved.

For instance, Upchurch Law, based in Daytona Beach, Florida, provides legal counsel for will contest cases and other estate and trust situations. Seeking the guidance of experienced attorneys like those at Upchurch Law can ensure that individuals receive the appropriate legal advice and representation throughout the contested will process. Their expertise can significantly increase the chances of a successful outcome.


Being left out of a will as a child can be a challenging and emotional experience. Understanding the legal rights of children in a will and the grounds for contesting a will is crucial for anyone facing this situation. By seeking the guidance of qualified attorneys and understanding the legal framework, individuals can make informed decisions and take appropriate legal action if necessary.

Remember, each state may have different laws regarding disinheritance and will contests, so consulting with an attorney who specializes in will contests in your specific jurisdiction is essential. By taking the necessary steps and seeking the right legal counsel, individuals can navigate the complex process of contesting a will and protect their rights.