The Top Three Reasons Why a Probate Court in Florida Would Not Follow the Instructions in a Will
Every adult in Florida should have a comprehensive, personalized will that is designed to meet their needs and goals. When a person passes away, the will is submitted to the probate court. A well drafted will can be confirmed and property/assets can be transferred to the proper heirs. It is crucial that you have a proper will. If there are problems with it, the probate court could decline to enforce it. Here, our St. Petersburg estate planning attorney highlights three reasons why a probate court in Florida may decline to follow the instructions in your will.
Reason #1: The Will is Not Considered to Be Valid
A probate court in Florida will not follow your will if your will is deemed to be invalid. Under Florida law (Florida Statutes § 732.502), there are specific requirements that a will must satisfy in order to be a legally binding document. For example, it must be in writing, signed by the testator (you), and witnessed by two people who also sign in the presence of each other. If any of these requirements are not met—such as if a will is unsigned, only has one witness, or was not properly executed—the probate court will not enforce it. Further, A will that was created under duress, coercion, or while the testator lacked mental capacity may also be ruled invalid by the court.
Reason #2: The Instructions in the Will are Not Lawful
Even if the will itself is technically valid, it could run into problems if there are unlawful terms. Notably, the probate court will not enforce provisions that are illegal or contrary to public policy. For example, a clause that requires a beneficiary to marry a certain person, divorce their spouse, or commit an illegal act in order to inherit is not enforceable under Florida law. Along the same lines, a will cannot override certain statutory rights—such as a surviving spouse’s elective share or a homestead exemption. If a provision violates the law, the court will generally strike that part of the will and proceed with administering the estate according to the remaining lawful terms of the will.
Reason #3: The Will is Unclear (Ambiguous)
Finally, another common reason why wills are not enforced in Florida is because it is not always clear what they mean. Ambiguity in a will can lead to big problems during the probate process. If the language used is vague, contradictory, or open to multiple interpretations, the court may not be able to determine your true intent.
For example, if a will leaves “all personal belongings” to one child and “everything else” to another, without clarifying what counts as personal belongings, there could be serious confusion over who exactly is supposed to get one. Florida probate courts can allow outside evidence to interpret unclear provisions—but if ambiguity cannot be resolved, the instructions may be disregarded.
Contact Our St. Petersburg, FL Estate Planning Lawyer Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning attorney has the experience that you can trust when it matters the most. If you have any questions about writing a will, please call us now or contact us online to set up your fully confidential initial consultation. With an office in St. Petersburg, we provide estate planning representation throughout all of the wider region.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.502.html
