Close family members frequently inherit the assets that belonged to a recently deceased loved one. Especially when people die in their golden years, they may have taken the time to create an estate plan. Their will may identify each of their beneficiaries and allocate specific assets to them. It is common for testators to talk about their wishes when they draft their documents and occasionally throughout the remainder of their lives.
Family members often know what to expect long before they attend a will reading. However, sometimes a will reading leads to shock and disappointment, as the will in question may not align with prior conversations. Do people who feel compelled to contest a questionable will put their inheritance at risk?
No-contest clauses threaten disinheritance
People creating estate plans usually want their loved ones to honor their wishes. Those making last-minute changes to their documents or aware of tensions within their family units may want to prevent conflict among their beneficiaries after they pass. They may include no-contest clauses in their wills to achieve this goal.
No-contest clauses, also known as in terrorem clauses or penalty clauses, provide the legal basis for eliminating the inheritance of the plaintiff who initiates a will contest. Most states enforce no-contest clauses in certain circumstances.
Florida, however, does not. State statutes prevent the courts from disinheriting individuals due to initiating a will contest. Testators who drafted their wills in other states may have died in Florida, unaware that their wills included unenforceable terms.
Beneficiaries who believe that undue influence, cognitive decline or outdated terms have compromised the validity of a will can initiate litigation without risking disinheritance. Reviewing a will with a legal professional can help those frustrated by what they learn in the early stages of estate administration to effectively evaluate their options.