By Coleman P. Hengesbach, Esq.

If you find yourself in a position where you were cut out of a will or trust, you need to consult with an attorney to evaluate your rights. There is no requirement under Florida law that you need to be represented by an attorney to challenge the validity of a will or trust document. However, due to the complexity of a lawsuit contesting a will or trust, it would be prudent for you to retain an attorney.

Often times, after someone passes, a decedent’s loved one may learn that their expectancy in a will or trust was terminated or tortiously interfered with by a third party. There can be a variety of reasons a will or trust can be challenged, such as undue influence, coercion, lack of testamentary capacity or failure to meet the legal requirements laid out under Florida’s statutes. Other common grounds for contesting the validity of a will or trust include, but are certainly not limited to, forgery, fraud, and insane delusion. If you find yourself in this position, a lawsuit may be necessary to recover your lost inheritance. It is crucial that you retain an experienced attorney when challenging a will or trust.

At Hengesbach & Hengesbach, we have a team of lawyers that handle will and trust litigation across the state of Florida. Our firm represents individuals and families who have been cut out of a will or trust due to the wrongdoing of another.

For more information or a free consultation, visit our website at or email me at