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Posted on in Estate Planning

Lombard estate planning lawyersThere are many things to consider when you are creating your Last Will and Testament. One you may have not considered is what will happen if your will is contested. A will contest is a lawsuit that an individual files in order to invalidate a deceased person’s will. Someone might file a will contest because they don’t believe a family member’s or friend’s will accurately reflects their true final wishes. Any intestate heir or beneficiary named in the person’s will can file a will contest.

In previous blog posts, we have talked about challenging the will of a recently-deceased loved one using a will contest. Today, however, we will look at how you can help prevent your will from being challenged. There are a few things that can be done to protect your will. One of these is a provision included in the will known as a “no-contest clause.”

What Is a No-Contest Clause?

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Lombard estate planning lawyersIn a recent post on this blog, we talked a little bit about how to decide if and when you should challenge the will of a recently-deceased loved one. Such a decision is never easy and must be made with great care. But, what about the other side of the equation? Is there anything you can do to help prevent a contest of your own will, if and when the time comes? In fact, there are a few things that can be done, including a provision that can be included right in the will itself. It is known colloquially as a non-contest clause and can be a useful tool in simplifying matters after your death.

What Is a No-Contest Clause?

A no-contest clause is sometimes referred to as an in terrorem provision. In terrorem translates from Latin as “about fear,” and such a clause in a legal document provides some sort of penalty to a party who challenges the document and loses. In the realm of estate planning, no-contest clauses may be used in the creation of wills or trusts to discourage most challenges from named heirs or beneficiaries.

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