Wills sometimes include surprising provisions. Family members may feel shocked when they learn that one person inherited almost everything or that the deceased individual disinherited someone. They may wonder whether the testator experienced undue influence or if their cognitive capacity may have declined prior to the creation of the will.
In cases where people have sincere concerns about the legality of the document or the state of mind of the testator when they drafted it, they could potentially contest the will in probate court. However, some people have no-contest clauses in their wills.
If there is no contest clause, do beneficiaries need to worry about losing their inheritances if they question a will?
No-contest clauses are only deterrents in Florida
In most states, no-contest clauses, also known as penalty clauses, can strip an individual of their inheritance rights. Testators who worry about conflict among their beneficiaries or family members seeking to undermine their wishes may add a penalty clause to protect their legacy.
Florida has a law prohibiting the enforcement of penalty clauses. While the inclusion of a no-contest clause does not necessarily invalidate a will, the clause is not enforceable. Regardless of the circumstances surrounding the will contest, the Florida probate courts do not eliminate the inheritance of those who pursue probate litigation.
Beneficiaries who worry that caregivers or family members may have pressured the testator can speak up about their concerns. So can those who worry that the documents may be grossly outdated or the result of a decline in cognitive capacity.
Beneficiaries and family members concerned about an estate plan may need assistance as they evaluate their options. Discussing the possibility of probate litigation with a skilled legal team can help people resolve their concerns about a will.