What is a no contest clause?
We are often asked how to keep a family member from contesting a will or trust. This may include a no contest clause – a clause that states that if a beneficiary contests the validity of the will or trust, they will forfeit any inheritance they receive through the document. In theory this will disincentivize people from contesting your will or trust, however, this process may work if someone will receive $100,000 from your estate but isn’t much of a deterrent if they will only receive $1,000. Further it is no deterrent at all if a person was completely disinherited; if they have quite literally nothing to lose, they have nothing to lose by contesting it.
An effective approach to disinheritance will be based on the dynamics of your family and other specific facts of your situation. You should seek advice from a competent, experienced estate planning attorney to make sure your will and/or trust are not effectively challenged after you are gone. Give us a call at 913-706-8491 to see how we can help you handle this delicate situation.
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