Free Living Will Medical Directive
If you have a Last Will and Testament, Revocable Living Trust or an Irrevocable Trust, you have the option to include a No Contest Clause in your document. So what is a “No Contest” clause? It is a statement that says any beneficiary who challenges your estate document will be completely disinherited.
Possible Contest Points
An heir-at-law, beneficiary or beneficiary from a previous Will can issue a challenge to your Will for one of four reasons: your document was not signed according to state law, you endured strong and undue influence from someone, you were mentally disabled when you signed, or you were tricked into signing. These are valid reasons for a Will challenge, but sometimes heirs will issue a challenge simply because they are upset at being disinherited or receiving less than expected. A challenge without probable cause will likely be unsuccessful, but may succeed in slowing down the estate settlement process and costing your heirs some of their inheritance for legal fees.
Using a Clause
A No Contest Clause is a good way to deter unnecessary challenges to your estate plan. You should consider using such a clause if you feel someone may contest your Will. You should also use this type of clause if there is friction within your family that could lead to disputes during estate settlement.
If you do use a No Contest Clause, you should consider leaving something to every heir, to deter a contest. If an heir is disinherited, he or she will have nothing to lose and may feel free to issue a challenge.
Downsides
Sometimes a No Contest Clause does not work. If an heir has a legitimate reason to contest your Will a judge may allow that heir to issue a challenge without disinheriting him or her.
To make sure your document does not have a legal reason to be challenged, work with your attorney to ensure it is legally signed. You can also include a video as evidence that you are mentally stable, have created your Will on your own and that you knew what you were signing.
Geoff Garrett is the Owner & Attorney at Law at Byrd Garrett PLLC in Seattle, WA. For more information on contest clauses and other estate planning services, visit our website.
Health Care Stakeholder Discussion with Nancy-Ann DeParle
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