Topic
No Contest Clauses
55 published works
Iowa Trusts & Estates Blog
Iowa Supreme Court Update: No-Contest Clauses in Wills Get Sharper Teeth
By nahlquistdickinsonbradshaw-com-dickinson-bradsh
When families fight over inheritances, emotions run high and so do the legal risks. A recent Iowa Supreme Court decision, Matter of Estate of Felten, sheds light on one of…
Berk Law Group Blog
No-Contest Clauses Don’t Automatically Trigger: Key Takeaways from Champagne v. Bozer
By Kent Berk
A recent Arizona Court of Appeals memorandum decision provides useful insight into the application of no-contest clauses in trusts—especially where co-trustees and beneficiary-trustees are involved. In Champagne v. Bozer, the…
Law Firm Carolinas Blog
Should My Will or Trust Contain a “No Contest Clause” or a One Dollar Bequest?
When clients choose to disinherit or reduce an inheritance for a child, I am often asked whether they should include a “no contest” provision in their estate documents or if…
Elder Law Issues
Do “No Contest” Clauses Actually Work?
By Jordan Young
Sometimes clients worry that there will be conflict after they die. They worry that the family member they disinherited will cause trouble and contest their will or trust. It is…
The Fiduciary Litigator
Court Reversed A Judgment Based On A No-Contest Clause Because After Nonsuiting The Will Contest Pleading, The Trial Court Did Not Have Jurisdiction Over The Defensive Allegations Concerning The Clause
In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex.…
Trust on Trial
Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. Tyler
This blog has previously mentioned the most common question we hear when people find out we work in probate litigation: “What can I do to make sure my family doesn’t…
Elder Law Issues
“No-Contest” Clause
Arizona’s intestate laws of succession determine who your heirs are if you do not create a will. Your intestate heirs may be disappointed if their inheritance through your will or…
Future Focused
Enforcement of a No-Contest Clause
Highlighted by Meiri v. Shamtoubi Courts are often reluctant to enforce no-contest clauses in estate and probate matters. As noted in our prior alert on the Connecticut Appellate Court case Salce…
Trust on Trial
Late Trust Contest May Trigger Enforcement of No Contest Clause
No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument. Yet the probable cause safe harbor may disappear…
Trust on Trial
Look Before Leaping Into an Anti-SLAPP Motion
Suing the suer is a common strategy in California civil litigation. A special motion to strike, known as an anti-SLAPP motion, can be a powerful weapon against retaliatory litigation. We…