In short: A will or trust amendment signed shortly before death is not invalid because of its timing, but timing is where Florida courts start. The two usual grounds are lack of capacity and undue influence. If a substantial beneficiary in a confidential relationship actively procured the change, Florida law presumes undue influence and shifts the burden to that beneficiary.
Capacity: the same test for wills and revocable trusts
To amend a revocable trust, a settlor needs the same capacity required to make a will (§ 736.0601). That means understanding, at the moment of signing, the nature and extent of the property, the natural objects of one’s bounty, and the practical effect of the document. Illness, medication or dementia do not automatically defeat capacity; a person can have a lucid interval.
Medical records, hospice notes and testimony from caregivers about the days around the signing are often the most important evidence.
Undue influence and the presumption
A will procured by undue influence is void, and so is a trust or trust amendment (§ 736.0406). For wills, Florida law presumes undue influence when a substantial beneficiary in a confidential relationship with the decedent actively procured the will, and the presumption shifts the burden of proof (§ 733.107).
Courts look at active-procurement factors from In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971): whether the beneficiary was present at signing or when the decedent discussed the change, recommended the lawyer, knew the contents beforehand, gave the lawyer instructions, found the witnesses, or kept the document afterward.
Why timing matters
A change made in the last weeks of life, especially one that shifts a large share to a caregiver or new companion, invites scrutiny. Courts compare the new document with earlier plans and ask whether there is a reason for the change other than the beneficiary’s involvement.
Deadlines
In probate, an interested person served with a notice of administration generally has 3 months after service to object to the validity of the will (§ 733.212(3)). A revocable trust cannot be contested until it becomes irrevocable, usually at death (§ 736.0207), and the Florida Trust Code sets its own deadlines after that. These periods are short; do not wait.
Lessons
- Timing alone does not invalidate a change, but it starts the inquiry.
- Gather medical and hospice records from around the signing date early.
- Look for active procurement by the beneficiary who benefits.
- Calendar the will-contest and trust-contest deadlines from the day you receive notice.
Source: Fla. Stat. § 733.107 (2026), Florida Senate
Source: Fla. Stat. § 736.0406 (2026), Florida Senate
Watch the Video
The Florida Amendment That Could Undo Everything
Go Deeper
- Undue Influence in Florida Will Contests: The Presumption
- Testamentary Capacity in Florida
- Contesting a Will in Florida: Standing, Burden and Deadlines
Frequently Asked Questions
Can a will signed on someone’s deathbed be valid in Florida?
Yes, if the person had capacity and the will was properly executed and not procured by undue influence. Timing alone does not invalidate it.
What capacity is needed to amend a revocable trust in Florida?
The same capacity needed to make a will, under § 736.0601.
When is undue influence presumed in Florida?
When a substantial beneficiary in a confidential relationship with the decedent actively procured the document. The presumption shifts the burden of proof to that beneficiary.
How long do I have to contest a will in Florida?
Generally 3 months after being served with the notice of administration, under § 733.212(3). Trust contests have separate deadlines.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation 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.
