Before deciding whether or not to launch a legal challenge to a will or trust, it is important that you see an estate attorney to learn about no contest clause laws in your state.
What these clauses say is that anyone who receives an inheritance from a will or who is a beneficiary of a trust receives nothing, if they challenge the validity of something in the will or trust. They effectively disinherit anyone who is not satisfied with the assets that they receive.
Even no contest clauses are not bulletproof as the Wills, Trusts & Estates Prof Blog discusses in "Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause."
Sometimes when a person challenges a no contest clause and loses the challenge, courts will refuse to enforce the clause. Sometimes when a person challenges a no contest clause and wins the challenge, the court will enforce the clause anyway.
The difference between the two extremes is a matter of individual state law and what exactly is being challenged.
There are different rules in every state. Florida does not allow no contest clauses. But what if the Will was drafted elsewhere?
Anyone who wants to challenge the contents of a will or trust needs to make sure that they speak to an experienced estate attorney in the appropriate state to get good advice about what challenges are worth making and what challenges should be avoided at all costs.
For more information about estate planning in Orlando, FL (and throughout the rest of Central Florida), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.
Reference: Wills, Trusts & Estates Prof Blog (Nov. 24, 2017) "Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause."