News & Analysis as of

No Contest Clause Estate Planning Wills

Bowditch & Dewey

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

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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

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

Downey Brand LLP on

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

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

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

Downey Brand LLP on

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

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

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