Yes, Florida law permits disinheriting a child, but strict probate statutes and constitutional protections limit absolute exclusion. A parent may omit a child from a will, yet Florida’s elective share statute (Fla. Stat. § 732.201) entitles the omitted child to 30% of the estate if the will was executed after the child’s birth, unless the child was intentionally omitted for cause. Homestead property presents additional hurdles, as Florida’s constitution (Art. X, § 4(c)) bars disinheriting a minor child from the homestead unless the child is provided for outside the will. Courts scrutinize disinheritance clauses to prevent undue influence or fraud, particularly under Florida’s 2023 amendments to § 732.108, which heightened evidentiary standards for no-contest clauses.
Key Regulations for Disinheriting a Child in Florida
- Elective Share Entitlement: Under Fla. Stat. § 732.201, a pretermitted (omitted) child born after a will’s execution may claim 30% of the estate, unless the will explicitly excludes them for just cause (e.g., estrangement documented in contemporaneous records).
- Homestead Protections: Florida’s constitution shields a minor child’s homestead rights (Art. X, § 4(c)), requiring alternative provision (e.g., life estate or trust) to avoid automatic inheritance claims.
- No-Contest Clause Enforcement: Post-2023 amendments to § 732.108 mandate judicial review of no-contest clauses, which are void if the disinherited child contests based on probable cause (e.g., undue influence allegations).