Does Florida Recognize No-Contest Clauses In Estate Planning Documents?

You have likely put a lot of thought into your estate plan. You have carefully considered the property you own and which family member you want to inherit it when you pass away. You then structure your will or trust to make sure your beneficiaries are cared for in the manner you believe is best. The last thing you want is for your loved ones to be involved in a dispute during the administration of your estate.

To prevent disputes from arising after you pass away, you may consider including a no-contest clause in your will or trust. Below, our St. Petersburg estate planning lawyer explains the law on these clauses in Florida.

What is a No-Contest Clause? 

No-contest clauses, also known as “in terrorem clauses,” are meant to prevent someone from contesting a will or trust.  Typically, no-contest clauses punish anyone who files a contest by excluding them from a will or trust automatically.

Florida Law on No-Contest Clauses in Wills and Trusts 

As with most legal matters, different states approach no-contest clauses differently. Some states handle them on a case-by-case basis while others will either find them enforceable or unenforceable.   Florida is one of the states that finds non-contest clauses unenforceable.  This is stated under Florida Statutes for both wills and trusts.

While some people still include no-contest clauses into their will or trust to ensure their wishes are clear, it likely will not prevent a person from contesting a will or trust in Florida since no-contest clauses are not enforced in Florida.

Why Does Florida Not Recognize No-Contest Clauses? 

There are many reasons Florida law does not formally recognize no-contest clauses. These include:

• Public policy: State law recognizes that individuals should have the right to challenge potentially invalid wills and trusts and seek legal remedies, even if it requires them to challenge the wishes of the decedent.
• Fairness: Florida law prioritizes fairness and due process, and no-contest clauses are considered possibly unfair to heirs and beneficiaries who might have valid reasons to contest the document.
• Proper legal processes: Florida law also believes it is more important to allow for a proper legal process to determine if a will or trust is valid.

Due to the above reasons, the courts in Florida will not enforce no-contest clause even if someone includes one in a will or trust.

Call Our Probate Litigation Lawyer in St. Petersburg Today 

It is essential that you speak to a St. Petersburg probate litigation lawyer when drafting your estate plan. At Legacy Protection Lawyers, LLP, our experienced attorney will listen to your goals, help you determine what documents you need, and execute them properly to ensure they reflect your wishes and that they will be upheld. Call us today at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.1108.html