Objecting to a Florida Will: when is a penalty clause a penalty clause?

In Florida, many probate attorneys know that a clause in a will which penalizes a beneficiary from objecting to the validity of a will is invalid. In other words, if a will “gives” you, say, 10% of the estate, and you want to object to the invalidity of the will, what do you do if the will states that any beneficiary who objects to the will “loses” their inheritance?  Well, most Florida probate lawyers know that such a “penalty” clause is in invalid.  You can still inherit or “get” your inheritance, and you can still object  (although there are a number of important requirements to do so, and some risks which the client should know about.)  There are also a number of tactical or strategic considerations.  Nonetheless, how do you know if a clause in a will is an invalid penalty clause or not?  Florida’s 5th District Court of Appeals dealt with this issue in July of this year, in the Dinkins case.  Advocate hard.  Litigate smart.