Will I Lose My Inheritance if a Will Threatens to Disinherit Me for Contesting the Will?

Sometimes a Will contains a provision that threatens to disinherit a beneficiary if they attempt to challenge or contest the Will. 

It may say something like:

"If any person shall at any time commence proceedings in any court to have this will (or trust) set aside or declared invalid or to contest any part or all of the provisions included in this will they shall forfeit any interest in my estate (or trust.)"

or

“If any beneficiary under this will in any manner, directly or indirectly, contests or challenges this will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary has predeceased me without issue.”

These types of clauses are referred to as In Terrorem Clauses. In Terrorem is a Latin term that means "in fear." Obviously, the clause is meant to scare beneficiaries from challenging a will for threat that they will not inherit anything if do. 

In Florida, these types of provisions are not enforceable. Florida has expressly abolished these "no contest" clauses from wills by statute.

732.517 Penalty clause for contest.—"A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable."

§ 732.517, Fla. Stat. (2015)

So, a court simply ignores the provision. So, beneficiaries that are concerned they have to balance the risk of no inheritance or what they rightfully deserve should fear not. You are free to challenge or contest a will in florida without any risk of losing your inheritance.

It is also important to know that these "no contest" provisions also apply to Trusts in Florida. 

736.1108 Penalty clause for contest.—

(1) A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust estate or trust assets is unenforceable.

 

(2) This section applies to trusts created on or after October 1, 1993. For purposes of this subsection, a revocable trust shall be treated as created when the right of revocation terminates.

History.—s. 11, ch. 2006-217.

§ 736.1108, Fla. Stat. (2015)

Contact Us:

The Persante Law Group brings, and defends, actions contesting estate planning instruments. If you believe that you may need legal assistance regarding a Florida probate litigation matter, please contact us at (727) 796-7666.

About PersanteZuroweste

PersanteZuroweste has established a reputation as prominent trial lawyers serving clients throughout Florida. Our office is conveniently located to the Clearwater, St. Petersburg, and Tampa Bay communities.