Can You Include No-Contest Clauses in Your Estate Plan?
By the time people embark on estate planning, they have usually already given it a great deal of thought. You have likely already thought of the property you own, and the loved one you want to leave it to after you pass away. When it comes time to draft your estate plan then, often the only thing to do is create a will or trust that includes instructions about how you want the assets distributed.
All of this careful planning is done so that after you pass away, there are no disputes regarding your property. To ensure no disagreements arise, you may be considering including no-contest clauses in your estate planning documents. Below, our Tampa estate planning lawyer explains the law on no-contest clauses in Florida.
What are No-Contest Clauses?
No contest clauses in Florida are formally known as in terrorem clauses. When they are included in a will or trust, they are meant to prevent disputes from arising after someone passes away. No contest clauses are meant to deter people from disputing a will or trust by forcing them to forfeit their share of inheritance if they bring a dispute.
Are No Contest Clauses Enforceable in Florida?
As with the majority of legal issues, different states have different laws on no-contest clauses. In some states, these clauses are handled on a case-by-case basis. Others have general laws that either allow these clauses or find them unenforceable. In Florida, the law is very specific and does not allow no-contest clauses in wills, trusts, or any other estate planning document.
Even when a person includes a no-contest clause in their estate plan, the courts will not uphold it, regardless of the language used.
Why are No-Contest Clauses Unenforceable in Florida?
There are many reasons Florida law prohibits the use of no-contest clauses in estate planning documents. These are as follows:
- Focus on appropriate legal processes: State law in Florida places a focus on proper legal processes to determine if estate planning documents such as wills or trusts are valid.
- Fairness: The law also focuses on due process and fairness in Florida. No-contest clauses are thought to be possibly unfair to beneficiaries and heirs who may have legitimate reasons to contest a legal document.
- Public policy: The law in Florida recognizes that people should retain the right to challenge a will or trust if it is potentially invalid and seek a legal remedy by challenging the wishes of the decedent.
Our Estate Planning Lawyer in Tampa Can Help with Your Plan
When planning your estate, there are many laws to consider and it is important to understand what these are so you can create a plan that will be enforced by the courts. At Messina Law Group, P.A., our Tampa estate planning lawyer can draft your documents and help you create a plan that protects you and your family. Call us now at (813) 492-7798 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.517.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.1108.html
