Can a Florida Will Be Changed after the Testator Dies?

Reformation is the main tool. The court may reform the terms of a will, even when the terms are unambiguous, so that they conform to the testator's intent. The person asking for reformation must prove by clear and convincing evidence that both the accomplishment of the testator's intent and the terms of the will were affected by a mistake of fact or law. The mistake may be in expression or in inducement.

Evidence is not limited to the words on the page. In deciding what the testator originally intended, the court may consider evidence relevant to that intent even when the evidence contradicts an apparent plain meaning of the will.

Tax modification is a separate power. To achieve the testator's tax objectives, the court may modify the terms of a will in a manner that is not contrary to the testator's probable intent, and the court may give the modification retroactive effect.

Both powers start with an application to the court by an interested person. Neither one replaces the rules for challenging whether a will is valid in the first place, which are covered in the grounds and deadlines for a Florida will challenge. Background on how a will operates during probate appears in how wills work in Florida.