Do Florida Probate Courts Enforce “No Contest Clauses?”
Estate litigation in Florida is different then other State’s probate litigation. Do you know how Florida probate litigation is different? The changes are by no means slight. Check out this recent case out of Massachusetts and learn why Florida will contest lawyers know it would be totally different if litigated in Florida.
Sinnott v. Sinnott
- This was a probate appeal from the Appeals Court in Massachusetts.
- The case concerned the effect of a no contest clause.
- Florida probate lawyers know that those are not enforced in Florida.
- So what happened?
- Here the son of the decedent filed an action challenging what his sister didbefore their parents died.
- He said that she made them give her gifts during their lifetime and that this should effect how the will is probated.
- Florida estate lawyers know this is not an uncommon claim.
- Florida estate attorneys also know that other States sometimes choose to enforce these no contest clauses and that it can result in the a party forfeiting their rights under the will.
- What is a No Contest Clause in Florida probate?
No Contest Clause
- A no contest clause is one that tells the heirs to not challenge the will or Florida estate plan.
- If they do, the will says they lose their rights (or some of their rights) to the inheritance.
- What do Probate attorneys Florida know about no contest clauses?
Why Florida Probate is Different
- What does this Massachusetts probate appeal have to do with Florida?
- Estate attorneys Florida know this case would not have ended up the same in Florida.
- Why?
- Florida estate lawyers know that Florida probate courts do not enforce no contest clauses.
- Why not??
- Because if you think the will is corrupted in some way, the Court wants to know about it!
- What else do Florida will contest lawyers know about no contest clauses and Florida probate?
Want to learn more?
Check out the entire case of Sinnott v. Sinnott by clicking here.
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