One of the main reasons people painstakingly plan out how their estate is to be distributed when they pass away is to avoid family disputes over property and other assets. Unfortunately, even the most ironclad estate plan sometimes become the object of a will contest or other litigious proceeding. This has given rise to people putting “no contest” clauses in their estate planning documents. Although these sound like a great idea, there are a few important things you need to know about this clause before you think that it will solve all of your family problems.
No Contest Clause
A will or trust contest is brought by somebody claiming an estate plan document is not valid or that it does not do something properly; and sometimes doesn’t do something the contestant says you promised. The argument that a will or trust is not valid is usually based on allegations that the person who created the document did not have the requisite mental capacity to do so, or was unduly influenced.
A “no contest” clause is designed to discourage relatives from contesting your will or trust. It is basically a paragraph in your will or trust document that states that anyone who mounts a legal challenge against your will or trust, and loses in court, cannot inherit anything.
No-Contest Clauses in Utah
In Utah, no contest clauses are only enforceable against people who bring contests without a reasonable basis for the claim. This means that the will or trust contest has to be completely frivolous. The courts discourage these clauses in order to protect family members who should otherwise be allowed to inherit, or may have been forgotten; and the courts generally do not like the idea of “forfeiting” your legal rights. But even with that, it’s a good clause to have in your will or trust.
If you are worried about terms in your estate planning documents being contested, consult with an experienced estate planning attorney. A no-contest clause may be part of the solution, but the attorney can also give you other solutions to avoid unintended results in your plan.
The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.