Wills, Probate

Trusts, Estate Planning

210 South Beach Street, Suite 202
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

Ms. Webb was an amazing guardian ad litem for my son. She tirelessly worked to overcome a difficult situation and worked hard to ensure what was best for him. She had no problem filing restraining orders, meeting with school officials or anything else that was necessary to ensure he go the best education. She also was a relentless moderator and setup a series of processes that have served him well. Thank you!

~ Todd C

We were in need of a trust and will package. After checking around with some of the bigger firms in the area we settled on Heidi S. Webb because she was so attentive to what we needed during our initial free zoom consultation. Heidi and her very able assistant Molly gave us great advice and prepared documents tailor made to our needs. The entire process was smooth and very reasonably priced. Something we had dreaded dealing with for years turned out to be a pleasure thanks to Heidi.

~ Kevin S

No-contest clause

Can I Put a No-Contest Clause in my Will?

 

Short answer, you can, but it will not be enforceable in Florida.

No-contest clauses have been used in Wills for centuries and are used to keep beneficiaries from fighting over an estate. In layman’s terms, this language states that if a beneficiary contests the document’s validity and loses, that beneficiary receives nothing.

Even if your Estate Plan was drafted in another state and included this language, a no-contest clause is unenforceable in Florida. While Florida courts won’t enforce a no-contest clause in a Will or trust, there may be other ways to minimize – although not eliminate – the possibility of litigation. Therefore, I recommend discussing this issue with your Estate Planning Attorney on your specific situation to draft up a plan to meet your individual needs.

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. 

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