You may want to avoid a challenge to your will by including a no-contest clause. It works by disinheriting anyone who contests the will and loses. However, it is worthwhile to understand the enforceability of such a clause before having it in your will.
Florida law is quite clear on no-contest clauses. They are unenforceable and invalid. The law expressly states that any provision in a will that seeks to penalize an interested person for contesting the will is unenforceable.
As such, a beneficiary cannot lose their inheritance even if their contest to the will is unsuccessful.
What are your other options?
If you have contemplated having a no-contest clause in your will, it likely means that you have concerns that someone might challenge it when the time comes. But since a no-contest clause is not enforceable in Florida, there are other ways of dealing with such a possibility.
For instance, you can take your loved ones through your estate plans and address any issues that may come up. That way, you will reduce the chances of a contest. Alternatively, you should ensure that your will is solid enough to withstand any legal test or challenges to its validity. You can do this by attaching a self-proving affidavit to your will or proving your mental and legal competency.
You may also consider using other estate planning tools, such as trusts or payable-on-death transfers, instead of a will.
Reach out for the necessary assistance
If you are unsure about what you need to do to foolproof your estate plans, it is advisable to seek informed guidance. Remember, your loved ones will have to deal with the aftermath should your estate plans fall through, and you cannot afford to take a gamble on their well-being.
