Putting a No-Contest Clause into Your Will
If you have any reason to believe someone would challenge the validity of your last will and testament in court, or if you simply want to add an extra level of protection to your estate plan, you can add a “no-contest” clause. This discourages people from contesting your will by implementing a condition that anyone who does so and loses will not inherit any assets or property.
Of course, there are certain limitations to this clause. It can only discourage a will contest if the potential contester has something to lose by challenging the will. If you entirely disinherit a person from your will (especially a child), that individual has nothing to lose by challenging it.
Limitations in Florida
In Florida, using a no-contest clause does not necessarily help you, as state courts do not enforce them. Any beneficiary who sues to invalidate at least a part of your will and loses could still inherit anything he or she was expressly left.
However, you may still consider adding a no-contest clause to your will to protect it in the event you pass away in one of the many states that do enforce these clauses and the probate process proceeds in that location.
Fortunately, most people do not have to worry about anyone challenging their will’s validity in court. However, if you do believe it could happen to you, speak with an estate planning attorney to figure out what extra measures of protection you can implement to ensure your wishes get carried out effectively.
For further advice on this important issue, contact a skilled Florida estate planning lawyer with The Charles Law Offices.