Does your Florida will or estate plan have a “no contest clause?” Would it surprise you to learn that Florida probate courts will not enforce clauses that put a penalty on will contests? Florida will contest lawyers know why, learn more by checking out this recent case from the Court of Appeals in Michigan. How would this be treated in Florida probate court?
No Contest Clauses
- Do you know what a no contest clause is?
- These are sometimes called in terrorem clauses.
- The clause is rather simple, if someone files a will contest then they surrender all of their rights to the assets (assuming they lose the case).
- Florida probate lawyers know that these types of clauses are not enforced in Florida.
- Do you know what means?
- It means no matter what that section says – the Court is going to ignore it.
- Why do Florida probate judges ignore these clauses?
- Florida estate attorneys know that many jurisdictions that have these still in effect have large exceptions.
- Why?
- Public policy dictates that a bad will should be kicked out!
- What are the exceptions most States allow for no contest clauses to be excused?
- Check out this recent case from the Michigan Court of Appeals to learn more.
In re Span Estate
- In this probate appeal the plaintiff wanted to kick her father’s will out of probate.
- The problem was that there was also a no contest clause.
- In Michigan this could mean she loses her entire inheritance!
- What about Florida?
- Estate attorneys Florida know that there is no point to include a no contest clause in a Florida will.
- What happens if it is there anyways?
- The probate court will simply ignore it.
- That means it is unenforceable.
- Is that the right public policy?
Want to learn more?
Check out a free copy of the whole case by clicking here.
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