When wills go through probate, the court must confirm their validity, and part of that process involves allowing anyone to challenge them.
Sometimes, probate is perfectly uneventful. In other instances, it involves long, bitter court battles over who gets what. While you can’t be completely certain that no one will contest your will, a no-contest clause can help your family avoid a messy and emotional probate process.
What’s a No-Contest Clause?
A no-contest clause (officially known as an “in terrorem clause”) is a portion of the will stating that any heir who contests the will in court will forfeit their inheritance.
The purpose of the no-contest clause in wills is to prevent heirs from raising legal challenges to a will. A given heir may be unsatisfied with what you’ve left them, but they’ll almost certainly choose to accept their inheritance rather than forfeit it all just to challenge your will.
These are some of the key advantages of having a no-contest clause:
- It may reduce family arguments
- It lessens the chance of your estate losing value through litigation
- It keeps your estate private (litigation is a matter of public record)
If you think a no-contest clause may be useful, an attorney for wills can discuss the issue with you and add a clause to your will if needed.
Will a No-Contest Clause Dissuade All Types of Challenges?
Unfortunately, there’s no way to completely guarantee that no one will contest your will. Because a no-contest clause takes away the inheritance of anyone who contests your will, it only discourages those named in the will from contesting it.
For example, imagine you have an estranged family member whom you deliberately left out of the will. Because they aren’t set to receive anything from your estate, this person has nothing to lose by contesting your will.
Do Most People Need a No-Contest Clause?
Because most wills are not contested, most people do not need no-contest clauses in their wills. However, if you have reason to believe that conflict is likely, adding a clause may be wise.
One of the biggest risk factors for a will contest is having an estate with significant assets. If you’re leaving behind a large estate, it’s entirely possible that at least one person will feel they didn’t receive all they were entitled to. Without a no-contest clause in place, there’s nothing to discourage them from challenging the will in court.
Even if you don’t have a particularly large estate, having argumentative family members may be enough to persuade you to add a no-contest clause.
The process of estate planning is complex and personalized, and decisions like these are never easy. Our team focuses on getting to know you and your goals so we can help you create the right plan for your needs.
Looking for a Lawyer for Wills?
Estate planning can be uncomfortable, but at Mason Law and Planning Group, we strive to make this challenging experience as streamlined as possible. Whether you have an existing estate plan you need to make current or you think you’re ready to start on your first estate plan, we’re here to help. Contact us today to get started!