DO FLORIDA PROBATE COURTS ENFORCE NO CONTEST CLAUSES of WILLS?
No. Florida probate law provides that a testator may not provide that a beneficiary loses their share of the Florida probate property that was provided for them if they contest the will in Florida Probate Court. A no contest clause can be put in a Florida will however pursuant to Florida statute 733.517 they are not enforceable. Since this law presumes it would not be good policy to punish people for pursuing their rights Florida will contests are allowed and there are no penalties for seeking to obtain what one believes they are legally entitled to receive. A will contest attorney can therefore be retained and pursue Florida estate litigation on a beneficiaries behalf without them being concerned that they will lose what they currently are entitled. The beneficiary however must state a valid legal cause of action for a Florida Will Contest. Merely not liking the terms of the will is not a valid cause of action. WHAT ARE COMMON REASONS FOR FLORIDA WILL CONTESTS? Some common reasons to
