No Contest Clauses in Estate Planning
A “No Contest Clause” can be an extremely important part of one’s estate planning and aims to discourage family members from challenging or contesting one’s revocable living trust or will provisions.
A no contest clause will typically state that if a beneficiary challenges or contests the trust or will, they risk losing their inheritance or getting a reduced amount. These clauses attempt to ensure that the testator’s wishes are carried out after they pass away without interference.
No contest clauses vary in strength and some allow for certain “good faith” challenges based on legitimate concerns. However, they all aim to promote harmony within families by discouraging needless will contests that could be expensive and time consuming for all involved.
Discussing a No Contest Clause with your estate planning attorney is a great start to ensure that your specific wishes are protected and enacted at your passing. Moses Estate Planning is here to help!