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?