No Contest Clauses in Florida

A No Contest Clause, or In Terrorem Clause, is a provision often used in Wills & Trusts stating that if a beneficiary disputes any part of the Will or Trust during probate or other administration, their share shall be reduced or removed.

While in theory it sound like a perfectly reasonable way of preventing disputes; “if that no good son of mine causes problems, he’s out.” It can also be used to allow a predator to scare the proper beneficiaries from challenging more recent changes.

Lets say a predator befriends an elderly parent, and convinces that parent that they’ve been a better family member over the last few months then those no good kids of hers. That predator could convince the parent to leave a token sum to her kids and if they challenge the gift to Mom or Dad’s new best friend, they won’t receive anything.

For this reason, No Contest Clauses are not valid in Florida. They can still be used to try and scare beneficiaries from challenging the estate documents, but they are not enforceable. Therefore, for better or worse, any estate planning document can be challenged in Florida.