Many wills and trusts today have what is known as a “no contest” clause. Including such a clause is standard procedure to help fend off any legal challenges to the contents of a will or trust.
What these clauses say is that anyone who receives an inheritance from a will or who is a beneficiary of a trust receives nothing, if they challenge the validity of something in the will or trust. They effectively disinherit anyone who is not satisfied with the assets that they receive.
Even no contest clauses are not bulletproof as the Wills, Trusts & Estates Prof Blog discusses in "Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause."
Sometimes when a person challenges a no contest clause and loses the challenge, courts will refuse to enforce the clause. Sometimes when a person challenges a no contest clause and wins the challenge, the court will enforce the clause anyway.
The difference between the two extremes is a matter of individual state law and what exactly is being challenged.
There are different rules in every state.
Anyone who wants to challenge the contents of a will or trust needs to make sure that they speak to an experienced Cincinnati estate attorney in the appropriate state to get good advice about what challenges are worth making and what challenges should be avoided at all costs.
Remember: “An ounce of prevention is worth a pound of cure.” When making your estate plans or when probating an estate or administering a trust, do not go it alone. Be sure to engage a Cincinnati estate planning attorney.
For more information about estate planning, probate or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526).
Reference: Wills, Trusts & Estates Prof Blog (Nov. 24, 2017) "Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause."