Estate administration is often a largely technical process. The personal representative fulfills the final wishes of the decedent as outlined by their estate plan. If there is no will, then intestate succession laws determine what happens to the property owned by the deceased person.
Most of the time, families accept the terms set in an estate plan and do their best to uphold the wishes of the deceased individual. However, sometimes families question whether an outside party may have influenced a testator or if they lacked the capacity to understand the impact of their decisions when drafting their documents.
In cases where family members have credible reasons to question the validity of an estate plan, they can initiate litigation to contest or challenge a will. Some people go so far as to include instructions in their estate plans ordering the disinheritance of anyone who might challenge their wishes. Do people have to worry about losing their inheritance if they raise questions about the validity of testamentary instruments?
Florida has unique laws about will contests
In most states, the probate courts decide on a case-by-case basis whether to uphold a no-contest or penalty clause. If a testator left instructions to disinherit those who attempt to challenge their documents, the courts may uphold that clause when an individual brings an unsuccessful challenge against an estate.
Florida has different rules related to penalty clauses than any other state. State statutes explicitly prohibit the enforcement of penalty or no-contest clauses. Even in scenarios where litigation seems unnecessary and frivolous, family members and other beneficiaries concerned about testamentary instruments do not have to worry about losing their inheritance for contesting a will.
Although testators may still choose to include no-contest clauses in their estate plans to deter frivolous litigation, those clauses do not create any real consequences for the beneficiaries of an estate. That being said, probate litigation can undermine the inheritance an individual receives. Probate litigation can diminish the overall value of an estate and reduce how much beneficiaries inherit.
Learning more about the rules that govern estate administration in Florida can be beneficial for those with an interest in an estate. Concerned individuals can question the validity of documents without risking their inheritance by taking legal action.