Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 732.517 - Full Text and Legal Analysis Florida Statute 732.517 | Lawyer Caselaw & Research
Fla. Stat. § 732.517 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 732.517

Fla. Stat. § 732.517 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
2 resultsSort: Relevance · Newest · Treatment
Copy

·Dinkins v. Dinkins, 120 So. 3d 601 (Fla. 5th DCA 2013).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 3834371, 2013 Fla. App. LEXIS 11732

...Cf Restatement (Third) of Prop.: Wills & Don. Trans. § 8.5 cmt. b, para. 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 736.1108(1) and its probate analogue, section 732.517....
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (2023)
phrase: "rule_authority"
Open case for full Syfertize analysis →
Copy

·In re Est. of Lane, 562 So. 2d 352 (Fla. 4th DCA 1990).

Published | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 2806, 1990 WL 49858

...Rather, section 733.805, Florida Statutes (1987), provides the guide for appropriation of estate proceeds to pay such expenses. 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. Such clauses are unenforceable and it would be against the purpose underlying section 732.517, Florida Statutes (1987), to construe the present circumstances such that appellants subjected their bequests to forfeiture by challenging the will of the testatrix....
0 red0 yellow1 green0 procedural
Cited as authorityShuck (2012)
phrase: "rule_authority"
Open case for full Syfertize analysis →

Need a will or estate document notarized in North Florida? North Florida Notary (K’s 24hr Mobile Notary) is a traveling notary public serving Duval, Clay, St. Johns, and Nassau Counties — they come to you, 24/7. Text 904-345-0526. A notary public verifies identity and witnesses signatures and is not a lawyer.