Worried about challenges to your estate plan? A no contest clause is a provision in a will or trust designed to discourage challenges to the document after the creator’s death. If someone contests the validity of the will or trust and loses, they risk forfeiting any inheritance they might have received.
How Does a No Contest Clause Work?
Under Arizona law, no contest clauses are generally enforceable, but with an important exception: they do not apply if the person challenging the document has probable cause to do so. This means that if there’s a legitimate reason to believe the will or trust is invalid—such as evidence of fraud, undue influence, or lack of capacity—the court may allow the contest without enforcing the penalty.
For example, if a family member believes the will was signed under duress and has credible evidence to support their claim, they may still challenge the document without risking their inheritance.
When to Use a No Contest Clause
A no contest clause can be a powerful tool to:
- Discourage Frivolous Challenges: If you’re concerned about family disputes, this clause can deter disgruntled heirs from filing baseless lawsuits.
- Protect Your Wishes: It ensures your assets are distributed as intended, rather than being tied up in costly legal battles.
How No Contest Clauses Are Used in Wills and Trusts
- In a Will: The clause typically states that if a beneficiary contests the will and loses, they will forfeit their share of the estate.
- In a Trust: The clause operates similarly, targeting challenges to the trust’s validity or terms.
Including a no contest clause is especially beneficial in cases where:
- Unequal distributions may spark resentment.
- Family members have a history of conflict.
- Specific individuals are intentionally excluded from the estate plan.
Crafting an Effective Clause
Arizona courts take no contest clauses seriously but enforce them within the limits of the law. To ensure your clause is valid and achieves your goals, it’s crucial to work with an experienced estate planning attorney.
At Windrose Law Center, we specialize in creating tailored estate plans that protect your wishes and minimize potential conflicts. Contact us today to discuss whether a no contest clause is right for your will or trust.