A no-contest clause in a will complicates efforts to contest the will, as it risks forfeiting any inheritance. Nonetheless, you can challenge such a clause under certain circumstances. Understanding how the clause works and when it is possible to contest it plays a key role in estate litigation.
What is a no-contest clause?
A no-contest clause, also called an in terrorem clause, disinherits anyone who contests the will. It seeks to prevent disputes over the will’s validity or terms. If someone challenges the will and fails, they forfeit their right to inherit. The clause deters conflicts and ensures the will’s terms are upheld.
Can you challenge a no-contest clause?
Yes, you can challenge a no-contest clause, but only under specific conditions. Your challenge must rely on legitimate reasons, not an attempt to undermine the will. You can base your challenge on proving that the will was executed under duress, demonstrating fraud, or showing that the testator lacked the mental capacity to make informed decisions. You may also contest the clause if it is legally unenforceable or violates state law.
How to prove your case
To challenge a no-contest clause, you need compelling evidence. If you believe that duress or fraud influenced the will’s creation, provide proof that the testator was coerced or misled. If the testator’s mental capacity is in question, medical records or expert testimony can show the testator’s inability to make sound decisions. If you argue that the clause is unenforceable, reference relevant legal precedents and case law to support your argument.
Possible outcomes of challenging the clause
If you succeed in challenging the no-contest clause, you could invalidate or modify the will. You might receive a larger share of the estate, or the estate could divide according to state law instead of the will’s instructions. If you fail in your challenge, the no-contest clause could cause you to lose your inheritance.
Estate litigation, especially with a no-contest clause, presents complex challenges. Before pursuing a challenge, carefully assess the risks and potential outcomes. Consider whether you have a strong legal foundation for your case.
