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No Contest Clause Estate Planning

Downey Brand LLP

Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. Tyler

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This blog has previously mentioned the most common question we hear when people find out we work in probate litigation: “What can I do to make sure my family doesn’t fight over my property after I die?” Because I am a...more

Bowditch & Dewey

When to Include a No-Contest Clause in a Will or Trust

Bowditch & Dewey on

One of the many reasons for executing a Will and Trust is to make your wishes clear and prevent animosity among family members or other beneficiaries after your death. However, there are circumstances in which it is clear to...more

Chambliss, Bahner & Stophel, P.C.

How to Deal with an Estranged Child in Your Estate Plan

Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your...more

Downey Brand LLP

Late Trust Contest May Trigger Enforcement of No Contest Clause

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No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument. Yet the probable cause safe harbor may disappear if the contest...more

Ruder Ware

Pros and Cons of Using the No-Contest Clause

Ruder Ware on

Drafting an estate plan allows a person to put into writing their wishes for division of assets upon death. Sometimes this means making a choice to give more to one child over the other, or to completely write out natural...more

Ruder Ware

Protecting Your Estate Plan from Challenges: No-Contest Clause Explained

Ruder Ware on

People handle grief differently and sometimes how a person handles the death of a loved one can be both confusing and also extremely frustrating - fighting over little things like, who gets the table and the chairs, for...more

Downey Brand LLP

Openness and Transparency Help Avoid Trust Disputes – An Interview with Tracy Potts

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Tracy M. Potts has nearly three decades of experience in California with estate planning, administration and litigation. A Texas native, she earned her law degree from Southern Methodist University School of Law. Her...more

Chambliss, Bahner & Stophel, P.C.

Preventing a Will Contest

Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn't receive) under a will, he or she may contest the will. Will contests can drag out for years,...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – June 2019

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Downey Brand LLP

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

Downey Brand LLP on

No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate...more

Bennett Jones LLP

Discouraging Family Fights from the Grave

Bennett Jones LLP on

If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything....more

Holland & Hart LLP

No-Contest Clause Upheld by the Wyoming Supreme Court With No Probable Cause Exception

Holland & Hart LLP on

No-contest clauses (sometimes called in terrorem clauses) are extremely common in today’s litigious society. A no-contest clause essentially makes all gifts under the will or trust conditional upon not challenging the...more

Holland & Hart LLP

No Contest Clauses – Not Just for Wills

Holland & Hart LLP on

Fiduciary litigation continues to grow and often times outpaces the development of case law regarding the myriad of issues that arise in estate and trust disputes. Historically fiduciary litigation involved disputing family...more

Nutter McClennen & Fish LLP

Trust Beneficiary Permitted to Contest Trust Despite No-Contest Clause

Key Takeaway: In Ginsberg et. al. v. Ginsberg et. al., Judge Leibensperger ruled that a trust beneficiary could assert a trust was procured by fraud despite the presence of a in terrorem or no-contest clause. Judge...more

Clark Hill PLC

How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

Clark Hill PLC on

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob...more

Downey Brand LLP

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

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One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more

Best Best & Krieger LLP

Best in Law: The Pros and Cons of the No-Contest Clause - Trusts and Wills

No-contest clauses are generally included in trusts and wills in California in an attempt to prevent challenges to an estate plan after death. Originally published in the Press-Enterprise - July 30th, 2017....more

Chambliss, Bahner & Stophel, P.C.

Using a No-Contest Clause to Prevent Heirs from Challenging a Will or Trust

If you are worried that disappointed heirs could contest your will or trust after you die, one option is to include a "no-contest clause" in your estate planning documents. A no-contest clause provides that if an heir...more

McNees Wallace & Nurick LLC

When are “No-Contest” Clauses Enforceable?

We are often asked about in terrorem clauses or “no-contest” clauses in wills or trusts. Can they be enforced? Under what conditions? Can a contesting party really lose everything? Does a contesting party put anyone else’s...more

Winstead PC

Suit To Modify Trusts Did Not Violate No Contest Clause

Winstead PC on

Texas courts narrowly construe no-contest clauses. In Di Portanova v. Monroe, grandparents set up eight trusts for a grandchild that had a mental disability. No. 01-20-01019-CV, 2012 Tex. App. LEXIS 9859 (Tex. App.—Houston...more

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