Probate courts help provide oversight during estate administration. They guide the distribution of property when someone dies without a will and help ensure a personal representative follows the estate plan. They can also help resolve disputes about an estate or an estate plan.
When people die with wills on record, their personal representatives typically need to distribute their property according to the terms set in the wills. However, there are a handful of scenarios in which surviving family members or beneficiaries may question the validity of a will. Perhaps the will is very outdated. Maybe the testator made changes at a point when they had already begun experiencing cognitive decline. Beneficiaries may also suspect that an outside party could have exerted undue influence on the testator.
Does the decision to contest or challenge a will put an individual’s inheritance at risk?
People sometimes adopt penalty clauses
Testators have a variety of tools at their disposal to control the descent of their property when they die. They can also use their estate planning documents to deter their loved ones from fighting over their property. The use of a no-contest clause could theoretically prevent beneficiaries from fighting over an estate plan. A no-contest clause can instruct the courts to disinherit someone who brings a frivolous challenge against a will.
Particularly when beneficiaries have reviewed the will and noted that it includes a penalty clause, they may feel uncomfortable taking legal action. What they may not realize is that no-contest clauses are technically unenforceable in Florida. State statutes prohibit the courts from stripping individuals of their inheritance rights simply because they challenge or contest a will.
Litigation can reduce an inheritance
While the courts may not directly disinherit an individual because they contest a will, initiating probate litigation can still affect the inheritance beneficiaries receive. Frequently, the estate has to cover probate costs and the expenses associated with legal representation. Litigation can potentially consume a significant portion of the assets owned by an estate.
Those concerned about the validity of an estate plan may need to consider the situation carefully to determine whether pursuing probate litigation is worthwhile or not. Contesting a will can be the best option in some cases, but it may cause financial issues in other cases.
