Florida/Georgia Personal Injury & Workers Compensation

...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....

...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....