An inheritance can improve a beneficiary’s quality of life and remind them of the loved one that they’ve lost for many years to come. Unfortunately, inheritances can also damage family connections. Disputes among beneficiaries can tear families apart and significantly diminish what everyone ultimately inherits from an estate. Testators drafting or updating their wills may want to take steps specifically intended to prevent conflicts among their beneficiaries.
Is a no-contest pause or penalty clause in a will a viable means of deterring probate conflict in Florida?
Florida doesn’t enforce no-contest clauses
Most states recognize penalty clauses or no-contest clauses included in wills during probate proceedings. If concerned parties pursue will contests, the probate courts may enforce a clause disinheriting them.
Florida state statutes specifically prevent the probate courts from enforcing penalty clauses or no-contest clauses. However, the inclusion of a no-contest clause does not automatically invalidate a will.
Some people choose to add no-contest clauses to their wills anyway or to leave a prior no-contest in the will when they relocate to Florida from another state. The presence of a no-contest clause can act as a deterrent for frivolous litigation in many cases. People truly concerned about conflict after their passing may want to consider funding trusts and ensuring that their family members know their wishes to limit disappointment that leads to conflict later.
Discussing potential probate concerns with an estate planning attorney can help people make the most of the documents they draft. While no-contest clauses in wills aren’t enforceable, a customized will can still protect a testator’s wishes and deter frivolous conflicts.