There are many reasons why people might want to contest a will. The document might be incredibly outdated. It might reference property the testator liquidated decades ago and fail to mention their children or grandchildren.
There may be signs that a caregiver, child or spouse exerted undue influence on a vulnerable older adult to manipulate the estate plan. The will might potentially include illegal provisions. Family members may have reason to believe that the person who drafted the documents was in a compromised mental state and lacked capacity.
Will contests allow people to uphold the true wishes of their loved ones if they are successful. The courts can set aside an invalid or compromised will. However, will contests come with a degree of risk. Do family members have to worry about losing their inheritance if they initiate a will contest?
Florida has a different rule than most states
In most jurisdictions, testators drafting wills may choose to add no-contest clauses to their documents. The will then includes instructions to disinherit those who bring frivolous challenges in probate court. Most states uphold no-contest clauses after beneficiaries initiate probate litigation.
However, Florida has a different approach to in terrorem or penalty clauses that threaten to disinherit people who contest wills in probate court. The inclusion of a penalty clause does not necessarily invalidate a will. However, the courts cannot enforce a no-contest clause. Doing so is a violation of state statutes. A no-contest clause can act as a deterrent by making people question whether litigation is necessary.
It is also important to recognize that probate litigation can be costly and may significantly diminish the overall value of an estate. Even though the estate might lose assets due to probate litigation, beneficiaries generally do not have to worry about a direct disinheritance because they initiate probate litigation.
Learning more about the rules that govern probate proceedings can help people protect their inheritances. No-contest clauses do not endanger the inheritance rights of people named as beneficiaries in a will. Those with legitimate reasons to worry about the validity of a will can ask the courts to review the situation without risking their inheritances.