Will Contest Clauses are generally included to prevent children or beneficiaries from attempting to dispute their portion of an estate. In some states they are valid and many others like Florida they are not valid by statute.
Given that a No Contest Clause in a Will is invalid in a Florida Probate case, should they be used in Florida? If your will is contested and the end result under the state statute may be the same, it may provide any benefit to include the no contest language.
Today people move quite often and may have assets in other states that do recognize Will Contest clauses. Given that one of these situations may enable a no contest clause to be enforced, it might be a good idea to include them in your Florida Estate Planning Documents.
Under the Florida Trust Code a Florida Revocable Trust is not able to have a contest clause, unless the right to revoke the trust terminated prior to October 1, 1993.
While its not possible to have a no contest clause in a Florida Revocable Trust, Florida does allow a trust to specify the laws of another state to be used in interpreting and administering the trust. So in effect, by drafting your trust correctly, you can have a no contest clause.
There are several ways to accomplish the desired results from a no contest clause in a will or trust. To discuss your specific issues and how one might benefit you, contact a Florida Estate Planning Lawyer or Jacksonville Estate Planning Lawyer