Friday, October 27, 2017
No-contest clauses are generally drafted into wills and trusts in order to discourage potential challengers to a decedent’s estate plan. These clauses may seem like powerful deterrents but are actually quite limited in application. If an estate plan is challenged and the contesting party has probable cause to bring a claim, a court will not enforce the provision. Challengers must be wary though, as certain claims brought with probable cause will not prevent enforcement of the no-contest provision.
See Henry Welles, Best in Law: The Pros and Cons of the No-contest Clause, The Press Enterprise, August 5, 2017.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this article to my attention.