One of the most common estate planning mistakes is the use of boilerplate documents. People believe that they can simply download a will from the internet and then add a few details about themselves and their assets. While that approach may work in some circumstances, it does not necessarily yield valid and enforceable estate planning paperwork.
Boilerplate documents may be so generic that they fail to extend adequate protections to those in certain circumstances. They may also include terms that are only enforceable in some jurisdictions and not in others. Ultimately, those who use online documents or who created their estate plans in another state initially may find that they cannot derive the protection they anticipate from a popular inclusion people add to their wills.
Florida doesn’t enforce no-contest classes
It is frustrating to imagine family members fighting over an estate after someone dies. An individual who has created an estate plan might decide to bad language to prevent their loved ones from fighting over their property.
No-contest clauses or penalty clauses can punish someone for contesting or challenging an estate plan in probate court. While such clauses are popular, they are not useful for those who live in Florida. Florida law specifically prohibits the enforcement of penalty clauses during probate court proceedings.
If a family member contests or challenges a will in Florida, the courts do not penalize them for initiating litigation. Although the inclusion of a no-contest clause does not necessarily invalidate the rest of the estate plan, it can complicate probate proceedings and raise questions about how recently someone reviewed and updated their paperwork.
Those who are familiar with Florida’s unique probate rules can avoid scenarios in which there may be questions about the validity of their documents. Someone who previously relied on a no-contest clause to prevent their beneficiaries from fighting over their assets may need to look at other options, such as the decision to add a trust, as a way to strengthen their estate plan while remaining compliant with Florida state law.
Reviewing an estate plan and updating it occasionally can help someone maintain control over their legacy. Testators who ensure compliance with state law can reduce the likelihood of their loved ones fighting over their resources, even if they can’t use a no-contest clause to penalize a lawsuit.
