News & Analysis as of

Probable Cause Estate Planning

Downey Brand LLP

Late Trust Contest May Trigger Enforcement of No Contest Clause

Downey Brand LLP on

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

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

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

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide