News & Analysis as of September 20, 2024

No Contest Clause

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

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

Bowditch & Dewey on 4/4/2023

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

How to Deal with an Estranged Child in Your Estate Plan

Chambliss, Bahner & Stophel, P.C. on 8/19/2022

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

Late Trust Contest May Trigger Enforcement of No Contest Clause

Downey Brand LLP on 8/4/2022

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

Pros and Cons of Using the No-Contest Clause

Ruder Ware on 12/13/2021

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

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

Ruder Ware on 12/9/2021

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

Preventing a Will Contest

Chambliss, Bahner & Stophel, P.C. on 8/30/2019

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

Probate & Fiduciary Litigation Newsletter – June 2019

Goulston & Storrs PC on 6/27/2019

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

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

Downey Brand LLP on 5/30/2019

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

Discouraging Family Fights from the Grave

Bennett Jones LLP on 2/28/2019

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

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

Holland & Hart LLP on 9/12/2018

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

Trust Beneficiary Permitted to Contest Trust Despite No-Contest Clause

Nutter McClennen & Fish LLP on 3/20/2018

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

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

Downey Brand LLP on 8/22/2017

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

Best Best & Krieger LLP on 8/17/2017

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

Suit To Modify Trusts Did Not Violate No Contest Clause

Winstead PC on 7/10/2013

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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