Florida Statutes

Fla. Stat. § 732.517 (2025)

Penalty clause for contest.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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732.517 Penalty clause for contest.—A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.

History.—s. 1, ch. 74-106; s. 113, ch. 75-220.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1990–2025 · leading case: Burch v. George, 866 P.2d 92 (Cal. 1994).

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Burch v. George, 866 P.2d 92 (Cal. 1994). · cites it 2× “In a few states such clauses are unlawful, and are given no effect, apparently based on the view that "to inhibit a party from ascertaining his rights by appeal to the [courts]" is "against the fundamental principles of justice.”

Slosberg v. Giller, 876 S.E.2d 228 (Ga. 2022). · cites it 2× “[9] Even though former OCGA § 53-12-22 (b) established this single statutory requirement—direction in the trust instrument for disposition of the forfeited property—that would void an in terrorem 8 At least one state (Florida) statutorily prohibits in terrorem clauses in their…”

In re Est. of Lane, 562 So. 2d 352 (Fla. 4th DCA 1990). · cites it 4× “The appellants’ argument, that such an assessment effectively makes for a judicially imposed “in terrorem clause” contrary to section 732.517, Florida Statutes (1987), has merit.”

In re Laborde, 251 So. 3d 461 (La. Ct. App. 2018). “, Fla. Stat. § 732.517 . Further, we note that a no-contest clause does not foster the probate of invalid wills; rather, a successful challenge will invalidate the will, making the no-contest clause of no consequence.”

Dinkins v. Dinkins, 120 So. 3d 601 (Fla. 5th DCA 2013). “2 (2003). Thus, a beneficiary cannot be forced to choose between the right to contest an instrument and the right to take under it, and this public policy is codified in section 736.”

In the Matter of the Est. of Margaret E. Workman, Dennis Workman v. Gary Workman, Individually & as of the Est. of Margaret E. Workman, & Laverne Workman, Cynthia Noggle, Randy Noggle, Mindy (Noggle) Sherwood, Christine (Workman) Thompson & Jeffrey Workman (Iowa Ct. App. 2017). “Compare Fla. Stat. § 732.517 (2016) (“A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.”

In the Matter of the Helene Eicoff Barrington Living Trust U/A/D June 29, 2015, as amended (Del. Ch. 2024). “See Fla. Stat. Ann. § 732.517 (“A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.”

In The Matter of The Est. Rex Felten (Iowa 2025). “See Fla. Stat. § 732.517 (2021) (“A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.”

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