West Palm Beach Probate Courts Will Not Enforce a No Contest Clause in Probate Court, Do You Know Why?

Are you considering filing a will contest? Is the will subject to a  “no contest clause?” It may surprise you to know that the West Palm Beach probate judge cannot enforce that clause! Do you know why?

What is a No Contest Clause

• Do you know what a no contest clause is?
• These are becoming less and less common in Florida wills because people know the Court cannot enforce them.
• But if you have a will from another jurisdiction look for something that suspends beneficiaries’ inheritance for contesting the validity of the will.
• These prevent the parties from “contesting” the will thus the common term no contest clause. 
• They are also sometimes called in terrorem clauses which is just fancy Latin.
• In terrorem is latin for in fear or in threat.
• In other words if you threaten legal action you lose your inheritance.
• In many other jurisdictions these are still being enforced.
• That means that if you have a will that was executed in another State it may still have one.
• So what happens when you retire to West Palm Beach and still have a valid New York will?
• The Florida probate courts are going to enforce that will and admit it to probate in West Palm Beach.
• What they will not enforce is that no contest clause!
• Many other jurisdictions have exceptions to these clauses to make them less harsh.
• These are usually phrased in the form of “probable cause” exceptions.
• In other words if there is probable cause to challenge the will they may not waive their right to an inheritance.
• But again I cannot overstate this enough, these clauses have no effect in West Palm Beach and regardless of where you made the will they will not be enforced.
• So what does that mean for your West Palm Beach will contest?
• For one thing it means you are not going to lose your inheritance for asserting your rights in a West Palm Beach will contest.
• Do you know why Florida has this policy?
• Florida Courts have long recognized that (merited) will contests are good for public policy. 
• If someone is concerned that there is foul play afoot they should be pushed to speak up not the other way around!
• Do you have valid grounds for a will contest?