If you are considering a will contest in West Palm Beach you may be concerned about negative impacts, such as losing your inheritance. Often times loved ones leave wills with something called a no contest or forfeiture clause. Did you know that the probate courts in West Palm Beach couldn’t enforce these provisions? What other parts of that will have no teeth?
No Contest Clauses
- A no contest clause is meant to limit litigation around a will which sounds like a good policy on the surface.
- Think about what these clauses do though to families – it chills their right to litigate their family’s assets.
- What would you do when you knew someone had exerted undue influence if it meant you would lose the little they left you?
- This seemed like bad policy.
- For that reason in West Palm Beach (and Florida in general) the probate courts will not enforce a no contest clause.
- Watch out though because in other States this may not be the case.
- Most States have laws that allow these to be enforced if there is no probable cause to challenge a will.
- What happens when you challenge an ancillary probate of a Florida will in another jurisdiction?
- There are some good things about no contest clauses though.
- Can you think of any?
- For one thing they may serve to prevent family feuds.
- Check out this recent case out of Texas’ Court of Appeals where decades of family feuds arose from a will contest and other estate disputes.
Ard v. Hudson
- This was a case that would have to interpret a no contest clause’s good faith exception.
- These exceptions hold that when you challenge a will for good cause a no contest clause will not be enforced.
- This was a probate dispute involving several generations and a bank trust company.
- The Court noted that the claimant had acted in good faith by contesting a will and thus had probably cause to do so.
- This means there will be no forfeiture of the inheritance.
- Are you concerned about the ramifications of contesting a will in West Palm Beach?
- Just because you do not have to worry about the no contest clause does not mean that everything is going to easy and consequence free.
- Experienced Palm Beach probate litigators are there to help you know what to expect.
Want to learn more about the unenforceability of no contest clauses in West Palm Beach?
Check out the entire case of Ard v. Hudson by clicking here.