Just because a clause is in your will does not mean the court will enforce it.
The purpose of a penalty clause is to discourage disgruntled relatives from contesting your will.
This concept purports to prevent anyone who mounts a legal challenge—and loses—from inheriting a penny from you.
Putting a penalty clause in your will may give you a false sense of security because the clause might not be enforced. Your state’s law will affect how effective a no-contest clause will be or if it will be effective at all.
In the State of Florida, the courts will not enforce this clause.
I advise you to discuss with your heirs your wishes in your estate plan in the hopes that this discussion will result in the heirs not squabbling over your estate once you pass.
Heidi S. Webb, Attorney at Law serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with matters of Elder Law, Estate Planning, and Small Business Law. Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi.
