Can you prevent someone from challenging your will with a “No Contest” clause in Florida? (Section 732.517 of the Florida Probate Code)
When writing your will in Florida, you have the privilege of being as detailed as you would like. You can leave your assets to anyone you choose and you can even specify how you would like those assets to be handled. For instance, if you want to make sure that your children have sufficient funds for college, you can explain in your Florida will how this should be funded with your assets.
However, what if your plans for your family’s future are not well-received? What if your sister inWest Palm Beach thinks your house should go to her? What if your stepson in Boca Ratonthinks the majority of your estate belongs to him?
In some unfortunate instances, if there are interested parties who are not happy with your will, they will contest it in Florida Probate Court. However, many people assume that they can combar these will challenges by adding a simple “no-contest” clause:
- A “no contest” clause is language in a will that states that if a person tries to challenge the will, he or she will be completely disinherited from the will.
- In other words, anyone who fights the will loses any inheritance at all.
- Unfortunately, however, this language is ineffective in Florida Probate proceedings.
- Section 732.517 of the Florida Probate Code
While some states uphold such language, any West Palm Beach probate litigation attorneyknows that there are good reasons for “no contest” clauses to be ignored. First, they would deter anyone who believed the will was a product of fraud from raising this issue to the court. In that case, if your grandfather’s caretaker was surprisingly left a hefty sum of money in the will, but you were as well, you might be reluctant to challenge the caretaker’s inheritance for fear of losing your own. Also, a “no contest” clause that threatens loss of inheritance would have no affect on those who were left out of the will to begin with.
See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Trust Law, Estate Planning, and Estate Administration in Florida.