Florida Estate Planning Lawyer Blog
Many couples and individuals want to place no contest clauses in their Florida Wills. The purpose of a no contest clause in a will is to keep the beneficiaries heirs from fighting over who gets what or how assets are distributed upon your death.
In many states no contest clauses become fights over the language used in the Florida will. Florida does not recognize no contest clauses for Florida Wills. Although it is possible to have a no contest clause if the laws of another jurisdiction or state are chosen to govern the will.
One example of a no contest clause that was struck down in Louisiana is found on Your Louisiana Estate Planning Blog. The article mentions a clause which stated that if any “named legatees should contest any provision in this will, then the naming of that person in my will shall be struck and they shall not be considered to be a legatee.”
The court ruled that since, a beneficiary of a testamentary trust is not a “named legatee” the beneficiary was not bound by the clause.
If you desire a no contest clause in a Florida Will, you should speak with a Florida Estate Planning Lawyer who works withe Estate Planning Lawyers of other states who can determine how to properly implement such a clause.