According to Florida case law, an antenuptial agreement is a valid contract and is enforceable against a spouse’s estate. The agreement remains binding after death, provided it was entered into voluntarily and meets legal requirements.
See: Gridley v. Galego 698 So.2d 273:
The first issue is whether the decedent’s failure to provide for an express trust as required by the agreement affected the rights of the wife or altered the antenuptial agreement by which they both intended to be bound. In Florida, an antenuptial agreement is a valid contract and is enforceable against the estate. If a decedent breaches a contract to make a will, the right being enforced is a contract right. See Lindeburg v. Lindeburg, 162 So.2d 1, 3 (Fla. 3d DCA), cert. denied, 166 So.2d 754 (Fla.1964) (A husband can be required to answer personally through his estate for his breach of contract of a property settlement agreement).
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