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.
