last will and testament

No-contest clause makes people think twice before challenging will or trust.

A way around the problem of challenges to a will or trust is to include a no-contest clause, according to Press Enterprise in “The Pros and cons of the no-contest clause.”

A no-contest clause helps prevent these challenges. It simply states that anyone who challenges the will or trust will receive nothing from it.

As a result, the document will be effectively rewritten to disinherit the challenger.

This is an easy way to stop many people from challenging an estate plan.

They might not be happy with what they received, but they do not want to risk getting nothing.

Some criticize these clauses as deterring people from challenging an estate plan when they have good reason to, such as when there has been undue influence used by someone else to get more of the estate than he or she should.

However, most states will not enforce a no-contest clause if the person challenging the will or trust has probable cause to do so.

An estate planning attorney can advise you on creating an estate plan that fits your circumstances and whether to include a no-contest clause.

Reference: Press Enterprise (Aug. 5, 2017) “The Pros and cons of the no-contest clause.”

For more information on asset preservation and estate planning, please visit my estate planning website.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.