Legal Question in Wills and Trusts in Florida
Can an out-of-state beneficiary contest a will? The will indicates that if contested, the contesting beneficiary will lose all rights to the assets as per the will. I live in New Jersey and the will is from Florida.
Thank you...
Asked on 12/29/11, 6:03 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Florida does not recognize such a provision. A will can be contested in Florida based upon fraud, duress or lack of testamentary capacity. Will contests in Florida are difficult to prove as there is a presumption of validity.
Answered on 12/29/11, 6:17 pm
You can contest the Will in Florida. Florida does not permit an in terrorem clause which is what you have described. It was decided it would be against public policy in Florida to permit such clauses.
However, other states do allow such clauses.
Answered on 12/29/11, 6:26 pm
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