The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.517

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.

F.S. 732.517 on Google Scholar

F.S. 732.517 on Casetext

Amendments to 732.517

Arrestable Offenses / Crimes under Fla. Stat. 732.517

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.517.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. DINKINS, v. L. DINKINS,, 120 So. 3d 601 (Fla. Dist. Ct. App. 2013)

. . . under it, and this public policy is codified in section 736.1108(1) and its probate analogue, section 732.517 . . .

In ESTATE OF LANE,, 562 So. 2d 352 (Fla. Dist. Ct. App. 1990)

. . . such an assessment effectively makes for a judicially imposed “in terrorem clause” contrary to section 732.517 . . . Such clauses are unenforceable and it would be against the purpose underlying section 732.517, Florida . . .