Drafting a Will That Cannot Be Contested
Many people feel very strongly about how they want their assets distributed, and other affairs managed, after they pass away. You may even want to disinherit certain family members entirely. In these instances, you may need to utilize other estate planning tools other than a will. When drafting your will, you also need to ensure that it cannot be contested. Many people do not realize that Florida law makes this harder than they first think. Our New Port Richey wills lawyer explains how to do it below.
No Contest Clauses are Prohibited in Florida
In many other states throughout the country, individuals who draft wills, known as testators, can simply include a no-contest provision. A no-contest clause does not necessarily mean that people cannot challenge a will. It does mean, however, that if a person contests a will unsuccessfully, they cannot receive any assets from the estate. These provisions are meant to discourage people from contesting a will due to the fact that there is so much at stake and probate courts do not want to waste time on frivolous will contests.
In Florida, though, no-contest clauses are not enforced by the probate courts. This means that anyone with an interest in your estate can challenge your will in court if they do not agree with it. For example, you may have a child that you did not disinherit, but you did leave them considerably less than your other children. If they wish, they can contest the document in court.
Write Your Will as Soon as Possible
Many people procrastinate writing their will because they are uncomfortable with the thought of their own death. Still, no one can predict the future. If you suffer an illness or injury that reduces your mental capacity, this can make it easier for people to contest your will. They can point towards your most recent incapacitation and claim it impacted the drafting of your document. Instead, write your will as soon as possible and at a time when it is clear that you understand the nature of the document and its consequences.
Ensure Proper Execution
Will contests are much more difficult when the documents are executed properly. The law in Florida places many requirements on wills. For example, your document must be in writing. You and two witnesses must also sign the will in the presence of each other. The best way to ensure your document is executed properly is to work with a New Port Richey wills lawyer.
Talk to Your Family About the Will
After drafting your will, tell all of your family members about its contents. This will ensure that your wishes are very clear while also giving them the opportunity to ask questions, and you to answer them. Informing your family members about the contents of the will also gives them any necessary time to get used to its provisions.
Contact Our Wills Lawyer in New Port Richey Today
The best way to avoid a court challenge is to work with a New Port Richey wills lawyer. At Messina Law Group, P.A., our experienced attorney will ensure it meets state requirements so your wishes are respected. Call us today at (813) 492-7798 or fill out our online form to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
