• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Phone: (832) 408-0505
Schedule an Appointment

GP Schoemakers, PLLC - Trusts, Estates, Probate, Family Law Firm - Protecting You, Your Family, and Your Future

Gratia Schoemakers

  • Subscribe To
    Our Newsletter
  • Phone
    (832) 408-0505
  • Schedule An Appointment
  • About
    • Gratia Schoemakers
    • Community Outreach Program
  • Estate Planning
    • Estate Planning
    • Wills
    • Trusts
    • Durable Power of Attorney
    • Living Will
    • Special Needs Planning
    • Kids Safety Plan
  • Probate
    • Probate A Will
    • Heirship Determination
    • Muniment of Title
    • Trust Administration
  • Special Needs
  • Family Law
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Custody/Visitation
    • Adoptions
    • Name Change
  • Blog
    • Estate Planning
    • Probate
    • Guardianship
    • Family Law
    • Other
  • Contact

How To Prevent Will Contests With A “No Contest” Clause

April 24, 2023 By Gratia P. Schoemakers, Esq. Leave a Comment

Will Contest Clause

A will contest is a legal challenge to the validity of a will. In some cases, a disgruntled beneficiary may challenge a will in an attempt to receive a larger share of the estate or to overturn the wishes of the deceased. One way to prevent will contests is to include a “no contest” clause in your will.

A no contest clause, also known as an in terrorem clause, is a provision in a will that disinherits a beneficiary who contests the validity of the will. This means that if a beneficiary challenges the will and loses, they will receive nothing from the estate.

Here are some tips on how to prevent will contests with a no contest clause:

  1. Work with an experienced estate planning attorney: An attorney can help you draft a no contest clause that is tailored to your specific needs and that complies with the laws in your state.
  1. Be clear and specific: The no contest clause should be clear and specific about what actions will trigger the clause. For example, it may state that any beneficiary who contests the validity of the will or challenges any provision of the will shall be disinherited.
  1. Be fair: The no contest clause should be fair and reasonable. It should not be so draconian that it discourages beneficiaries from raising legitimate concerns about the validity of the will.
  1. Consider alternative dispute resolution: If you are concerned about the possibility of a will contest, you may want to include a provision that requires beneficiaries to resolve any disputes through mediation or arbitration rather than through the courts.
  1. Communicate with your beneficiaries: It’s important to communicate with your beneficiaries about the reasons for including a no contest clause in your will. This can help prevent misunderstandings and disputes down the road.

In conclusion, a no contest clause can be an effective tool for preventing will contests. However, it’s important to work with an experienced estate planning attorney to ensure that the clause is drafted properly and is fair to all beneficiaries. By following these tips, you can help ensure that your final wishes are carried out and that your estate is distributed according to your wishes. We have helped hundreds of people get their estate plan in order; we can help you too! Call our office at 832.408.0505 and book your Legal Strategy Session today!

Filed Under: Wills Tagged With: Family Law, No Contest Clause

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Categories

  • Business Planning
  • College Planning
  • Design
  • Divorce
  • Estate Planning
  • Guardianship
  • Home/Property Ownership
  • Inheritance
  • Natural Disasters
  • POA
  • Post Honeymoon
  • Prenuptials
  • Probate
  • Retirement
  • Tax Time
  • Trusts
  • Videos
  • Wills

Footer

1100 E NASA Pkwy Ste. 420J
Houston, TX 77058

Now Serving: Harris County and Galveston County, Houston, Galveston, Clear Lake, Friendswood, Dickinson, LaMarque, League City, Kemah, Pearland, Brazoria

Privacy Policy
The information contained in this Website is subject to ourĀ Disclaimer andĀ Terms and Conditions.

Copyright © 2023 - All Rights Reserved | Web Design by The Crouch Group | Log in