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When to Challenge a No Contest Clause: Insights for Heirs and Beneficiaries

No contes clause

A no contest clause prohibits anyone from challenging the validity of a will, trust, or other estate planning documents. If you use it correctly, it can help ensure that your final wishes are respected after you pass away. In most situations, however, we believe it can cause more harm than good. What is a No […]

What is a Will In Terrorem Clause and How Does it Work?

Photo of a will, a pen, and a Last Will and Testament with a will in terrorem clause.

A will in terrorem clause is a legal provision that can be included in a will to discourage beneficiaries from challenging its validity. This clause disinherits any beneficiary who contests the will, which means they will not receive any inheritance. However, there are still ways to get around it. Learn more about how this clause […]

What No Contest Means in Probate and Why It Matters

Brother and two sisters arguing over sale of family home. What no contest means in probate.

Probate can be a complex and confusing process, and the term “no contest” can add another layer of confusion. Essentially, a no contest clause in a will or trust is designed to discourage beneficiaries from challenging the document. But what does this mean for those involved in the probate process? Read on to learn more […]

Are No Contest Clauses Enforceable? A Legal Analysis

Front of a courthouse. Are no contest clauses enforceable?

No contest clauses, also known as in terrorem clauses, are provisions in wills or trusts that penalize beneficiaries who challenge the validity of the document. So, are no contest clauses enforceable? The answer is that it depends. While these clauses are legal in many states, their enforceability can be subject to legal challenges and considerations. […]

Challenging a Will No Contest Clause in Arizona: What You Need to Know

Front page of Last Will and Testament containing will no contest clause in Arizona

If you are facing a will no contest clause in Arizona, it’s important to understand your legal rights and options. This clause is designed to discourage beneficiaries from challenging the validity of a will, but it can also be used to unfairly limit your inheritance. Here’s what you need to know about challenging a will […]

Going to Court With a No Contest Clause

Seeking Declaratory Judgment when No Contest Clause

Trusts sometimes include a No Contest Clause (also sometimes called an In Terrorem Clause). In case you’ve never heard of the term, here’s a definition … What is a No Contest Clause in a Trust? A No Contest clause in a trust that threatens to disinherit a beneficiary of the trust if that beneficiary challenges […]