Imagine you write a will and include a rule that says, “If anyone challenges my will, they have to pay the attorney fees incurred by the other side for that challenge.” In Florida, this type of provision is not permitted under Fla. Stat. 732.517.
There is a good reason for this. These clauses are sometimes called “in terrorem” clauses, which means “in fear.” Clauses like these are put into contracts to scare people from making what otherwise may be valid claims. Just the threat of paying the other side’s legal fees is enough to prevent what might be legitimate claimants from seeking help from the courts. For this reason, Florida lawmakers saw fit to ban such language entirely.
By prohibiting these provisions in wills under Fla. Stat. 732.517, Florida ensures that individuals can seek justice without fear of undue financial punishment. This legal approach helps ensure that valid claims can be addressed in court.
If you need help with writing your will so that it will be valid under Florida law, contact Bendel Law.
This article is general information, not legal advice for your situation, and reading it does not create an attorney-client relationship.