Will contests and probate litigation are becoming increasingly common. To avoid contests, most wills and trusts contain a no-contest clause (also called an in terrorem clause), which generally provides that a beneficiary contesting the will or trust will be disinherited.

The enforceability of no-contest clauses varies across jurisdictions. In Florida, such clauses are unenforceable. In some states, no-contest clauses are enforceable as written. In other states, no-contest clauses are enforceable, but there are various exceptions to enforcement if the beneficiary suing has “probable cause” to contest the document. Careful drafting is necessary to avoid the clause being held unenforceable because it is either too vague or overreaching. 

This one-hour webinar explores no-contest clauses and reviews recent developments that may shed some light on the effectiveness of these provisions. The webinar will include

• a general overview of no-contest clauses,
• an examination of the validity of no-contest clauses in several states,
• the pros and cons of including no-contest clauses,
• what constitutes probable cause to challenge a will or a trust in states that enforce no-contest clauses with exceptions, and
• tips for drafting a no-contest clause.