In short: In Chauncy v. Gorden (Fla. 5th DCA 2023), a man petitioned to reopen an estate and challenge a 2018 will. He relied on a 1998 will that left property to two beneficiaries or the “survivor.” Both died before the testator. The court held “survivor” meant a surviving named beneficiary, not a beneficiary’s heir, so he had no interest and no standing.
Before you can contest a will in Florida, you have to show you would benefit if you won.
The Facts
The decedent’s 2018 will was admitted to probate. The petitioner was the son of a beneficiary under an earlier 1998 will. He moved to reopen the estate and challenge the 2018 will. The probate court dismissed for lack of standing.
The Decision
The Fifth District affirmed (No. 5D23-608, Nov. 3, 2023). Even if the 2018 will were set aside and the 1998 will revived, the petitioner would take nothing. The 1998 will’s gift to the "survivor" meant the surviving named beneficiary, not the heirs of a beneficiary who died first. Both named beneficiaries died before the testator. As the son of one of them, he had no interest under either will, so he wasn’t an "interested person" entitled to challenge probate.
The Law
- Only an interested person may contest a will or seek revocation of probate (§§ 731.201(23), 733.109).
- Lapse rules matter. Florida’s anti-lapse statute (§ 732.603) saves some gifts for a predeceased beneficiary’s descendants, but it applies only to certain relatives and can be displaced by survivorship language in the will.
Why It Matters
Standing is the first defense in almost every will contest. A challenger must trace exactly how they would inherit, under which document, if they won.
Lessons
- Before filing, map your interest under every will and under intestacy.
- "Or the survivor" language can cut off a whole branch of the family.
Source: Chauncy v. Gorden, No. 5D23-608 (Fla. 5th DCA Nov. 3, 2023).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Estate Battle — Chauncy v. Gorden & McNairy Estate | 23-0608 | FL 5th DCA
Florida Law: Sunshine & Sharia Law | Chauncy v. Gorden | 5th DCA Case No. 23-0608
Go Deeper
Frequently Asked Questions
Who has standing to contest a will in Florida?
An interested person: someone who would benefit if the will were set aside.
What does "or the survivor" mean in a will?
In Chauncy v. Gorden, it meant a surviving named beneficiary, not the heirs of one who died first.
Does a gift pass to my parent's children if my parent died first?
Sometimes, under Florida’s anti-lapse statute for certain relatives, unless the will requires survival.
Can a closed estate be reopened to contest a will?
Only by an interested person, and subject to strict deadlines.
Talk to a Florida will contest lawyer
Weidner Law, P.A. handles Florida will contests and probate appeals. If you need a will contest lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
