Floridians Should Have No Fear Of In Terrorem Clauses

In general, the civil courts will enforce any legally binding agreement between individuals or companies as long as the provisions do not contradict state law.  For example, if a contractor renovates a kitchen and the homeowner doesn’t pay him, the court will order the homeowner to pay pursuant to the contract, but if a hitman kills his client’s enemy and the client doesn’t pay, the court will not enforce the contract, because murder is illegal.  Likewise, the courts can refuse to enforce contract provisions simply because they are unfair, such as a prenuptial agreement that leaves one spouse destitute in the event of a divorce.  This is why there have been so many recent laws against nondisclosure and noncompete provisions in employment contracts, because they unfairly reduced employees to unemployment or silence.  Meanwhile, the probate courts generally leave it to the discretion of the testator of a will to decide what is fair.  You are free to disinherit your relatives; the only family member who can claim a share of your estate over the objections of your will is your surviving spouse.  If someone wants to challenge your will, they must prove that the will is legally invalid for formal or contextual reasons.  To find out more about protecting your will from costly challenges that cause undue stress for your heirs and the personal representative of your estate, contact a Tampa estate planning lawyer.

In Terrorem Clauses Are a Way of Micromanaging From Beyond the Grave

You can disinherit your relatives if they are greedy and ungrateful, or you can leave them a modest amount of money while lavishing generosity on your favorite sugar glider rescue shelter.  Not only do disinherited relatives sometimes challenge wills based on flimsy evidence, but so do relatives who received an inheritance in the decedent’s will, but it wasn’t as much as they hoped to get.  To prevent these legal challenges, which waste time and money, the testator might include an in terrorem provision in the will; it is also sometimes called a “no contest” provision, no relation to no contest pleas in criminal cases, for which the Latin legal term is nolo contendere.  An in terrorem clause in a will says that, if the will leaves property to a beneficiary, but he or she challenges the will to get a bigger inheritance and loses the challenge, he or she loses the inheritance originally provided in the will.

There Are Other Ways to Prevent Conflicts Over Your Estate

The good news is that Florida law does not consider in terrorem clauses enforceable.  At least, this is good news for heirs who receive a paltry inheritance.  It also means that testators must find other ways to prevent challenges to their wills, such as providing for beneficiaries through non-probate assets.

Contact David Toback About Preventing Challenges to Your Will

A Central Florida estate planning lawyer can help you draft a will that prevents conflict even if not all the beneficiaries get the inheritance they want.  Contact David Toback in Tampa, Florida to set up a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.517.html