No contest clauses in Florida wills are unenforceable. Frequently, no contest clauses are referred to as in terrorem clauses. Historically, many lawyers would draft wills with no contest clauses in order to discourage individuals from challenging the wills. A typical no contest clause would state that if a beneficiary under…
Category: Wills
Under Florida law there is no requirement to probate a will. When determining whether or not to probate a will it is important to consider the following: What assets must be transferred out of the Decedent’s name? If there are no probate assets there would be no reason to probate…
A probate estate may be re-opened after it has been closed and the personal representative has been discharged for several reasons. If assets are discovered after an estate is closed, the estate may be reopened to probate the recently discovered assets. See, e.g., Continental Motors, Inc. v. Rosenthal, 278 So.…
A will’s validity can be challenged in court if a will is signed by a testator because of the coercion, manipulation, duress or influence of another. The testator’s capacity, although possibly relevant, is not the focus of undue influence. Rather, that the testator who is declining in health or has…
A caveat is the written notice—filed with the Florida probate court—that requires the clerk to give the caveator (the person filing the caveat) notice if a probate is opened for the person who is named in the caveat. If you are concerned that a Florida probate will be commenced without…
