If you have a Last Will and Testament, Revocable Living Trust or an Irrevocable Trust, you have the alternative to include a No Contest Stipulation in your document. What is a “No Contest” clause? It is a statement that says any recipient who challenges your estate document will be entirely disinherited.
Possible Contest Points
An heir-at-law, beneficiary or beneficiary from a previous Will can provide a challenge to your Will for one of 4 factors: your file was not signed according to state law, you sustained strong and unnecessary influence from someone, you were mentally disabled when you signed, or you were deceived into signing. These stand reasons for a Will difficulty, however often beneficiaries will provide an obstacle just due to the fact that they are distressed at being disinherited or receiving less than anticipated. An obstacle without likely cause will likely be not successful, but might succeed in slowing down the estate settlement procedure and costing your successors some of their inheritance for legal fees.
Using a Clause
A No Contest Stipulation is a great way to deter unneeded obstacles to your estate plan. You ought to consider utilizing such a provision if you feel someone may contest your Will. You need to also use this type of stipulation if there is friction within your family that could result in disputes during estate settlement.
If you do use a No Contest Clause, you need to think about leaving something to every beneficiary, to discourage a contest. If an heir is disinherited, he or she will have nothing to lose and might do not hesitate to release an obstacle.
Sometimes a No Contest Provision does not work. If an heir has a legitimate reason to contest your Will a judge might allow that beneficiary to issue a challenge without disinheriting him or her.
To ensure your file does not have a legal factor to be challenged, work with your lawyer to ensure it is legally signed. You can also include a video as evidence that you are mentally stable, have created your Will by yourself and that you knew what you were signing.