Often, an individual crafts their will with the intention of keeping will disputes to a minimum. Wills are already difficult to contest, but some people want extra protection to ensure their will is not challenged after they are gone. For those people, a no-contest clause may be the answer.
No-contest clauses, also known as in terrorem clauses, can be very effective in preventing will contests. However, a no-contest clause can also have unintended consequences and they are not the only option for avoiding will disputes.
What is a No-Contest Clause?
A no-contest clause, generally states that if anyone challenges the will, they, and sometimes their descendants, forfeit any bequests made for them in that document. Some courts have held that just filing a legal objection triggers the clause, effectively preventing the objecting party from proving the merits of his claim.
Depending on the language of the no-contest clause and the law of the state in which the will is probated, it may be possible to assert legal claims that do not trigger the no-contest clause. For example, the language of a no-contest clause may permit challenges to the appointment of the nominated executor. And in most states, where a will has been successfully challenged, a no-contest clause in the challenged will is rendered ineffective.
Should I Put a No-Contest Clause in My Will?
Of course, a no-contest clause will not deter challenges from heirs who do not receive anything under the will. Thus, if you add a no contest clause to your will to stave off a potentially disgruntled beneficiary, you should also include a bequest to that person with a value significant enough to deter them from challenging the will.
In addition, if your estate plan has any errors, a no-contest clause might make it hard or impossible to correct.
What are Some Alternatives to a No-Contest Clause
If you are considering adding a no-contest clause to your will for the purpose of avoiding disputes, it might be better to have open communication with your heirs about what is in your estate plan. By letting them know ahead of time, you can understand their concerns and adjust accordingly.
We Handle Will Disputes
If you are considering challenging a will with an in terrorem clause, you need competent attorneys to advise you of the risks. When you contact Gaslowitz Frankel LLC at 404.892.9797, you’ll be in touch with the premier fiduciary litigators for the state of Georgia.
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Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
