No-contest clauses are frequently used in trusts and wills to prevent lawsuits challenging the validity of a will or trust. They typically provide that if someone challenges the document that the challenger is automatically disinherited. No-contest clauses are strictly enforced without regard to any exception based upon the good faith and/or probable cause of the…
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No Contest Clauses in Wills & Trusts, Safe Harbor
A no contest provision in a will or trust is a clause which states that if a beneficiary/heir engages in certain activity he/she is automatically disinherited from the will or trust. More often than not, the activity triggering disinheritance is the filing of a lawsuit challenging the validity of a will or trust (be it…