Few things can undermine an individual’s legacy more quickly or thoroughly than probate litigation. Family members disappointed about their share of the estate can initiate a probate lawsuit where they challenge the estate plan or the conduct of the personal representative. The probate courts then review the situation and can set aside questionable documents or remove a personal representative to protect the estate.
Probate litigation tends to be quite expensive. It can also cause lasting damage to familial relationships. Many people establishing estate plans do everything in their power to prevent unnecessary conflict. Some people start trusts. Others diminish their estate before they die by generously giving to their loved ones throughout their golden years.
Some people even use special tools in their estate plans to prevent their loved ones from fighting over their property. However, one popular tool used to deter probate conflict is not an enforceable estate plan inclusion in Florida.
Florida prohibits no-contest clause enforcement
Many people want to prevent their heirs and beneficiaries from challenging their wishes. They can achieve that goal in most jurisdictions by adding a no-contest clause. Some people refer to no-contest clauses as in terrorum clauses or penalty for contest causes. Essentially, the will includes special language that disinherits anyone who brings a frivolous lawsuit against the estate.
Such inclusions are not valid and enforceable under Florida probate statutes. Those who worry about the legitimacy of estate planning documents can pursue litigation without worrying about losing their inheritance. Although the inclusion of a no-contest clause does not automatically invalidate the estate plan, the probate courts cannot disinherit someone for initiating probate litigation in Florida.
In scenarios where people have large estates or high levels of family conflict, they may naturally worry that their loved ones could end up fighting over their resources after they die. Creating a trust, having in-depth conversations with loved ones and discussing legacy goals at length are all estate planning decisions that can help people prevent probate litigation.
Those who worry that family disputes could damage relationships and diminish overall estate value may need to plan particularly carefully. Testators who learn about the unique rules in Florida can create effective documents or modify existing ones to conform with Florida statutes.