No Contest Clauses: What Are They, Are They Valid And If Not, Ways To Get Around That Hurdle
Do you have a beneficiary that you want to leave something to but it may not be exactly what they are expecting? If so, you may worry that they may fight their inheritance in court. To eliminate this worry, many estate planners insert what is a called a "no contest" clause into your will or trust.
A no contest clause is a statement in your will or trust that states that a beneficiary contesting or objecting to their inheritance will received nothing under the will or trust. Essentially what you are telling the beneficiary is that if they throw a fit over their inheritance and attempt to fight it in court, they get NOTHING. No contest clauses are completely dependent upon state law. In Florida, they are not valid. Florida law specifically states that a no contest clause is unenforceable.
One way to get around this worry is to let your beneficiaries know before you pass away exactly what they are getting and why. This is make it clear to everyone why your estate plan reads the way it does and not cause any surprises to arise upon your death.
To determine whether or not your state allows no contest clauses and if not, ways to educate your family on your estate planning wishes, please consult with our estate planning attorney in Jacksonville and Ponte Vedra Beach, Florida.
