What Are the Things I’m Not Allowed To Include In My Florida Estate Plan?

When planning your estate in Florida, it's essential to know not just what you can include, but also what you cannot. While an estate plan lets you dictate the future of your assets, certain legal restrictions could affect your final wishes. 

Unlawful Provisions

If you include a clause in your will that requires a beneficiary to commit an illegal act in order to receive their inheritance, such as demanding that they evade taxes or engage in discriminatory practices, that clause would be invalid. For instance, you cannot leave money to a beneficiary on the condition that they must refuse to marry someone of a certain race or religion—this would be considered discriminatory and against public policy.

Conditional Gifts

If you want to leave your estate to your child only if they graduate from a specific college, that’s generally acceptable. However, if you include a condition that they must divorce their current spouse to inherit, this would likely be voided by the court because it interferes with personal relationships and is considered against public interest.

Disinheritance of Spouse

In Florida, if you try to leave your spouse out of your will entirely, the law protects their right to a portion of your estate. Even if your will states that your spouse is to receive nothing, Florida’s elective share law allows them to claim up to 30% of the estate, ensuring they are not entirely disinherited.

Funeral and Burial Instructions

Including in your will a specific request for cremation or burial in a certain location might not be followed if the will is not reviewed until after the funeral. If your will states that you wish to be buried in a particular cemetery, but your family arranges a funeral before the will is read, they might unknowingly go against your wishes. It’s better to communicate these instructions directly to your loved ones or in a separate, easily accessible document.

These examples highlight why it’s important to understand the limitations of what you can include in your Florida estate plan. Working with a knowledgeable attorney ensures that your plan is effective and legally valid.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.