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USING A NO-CONTEST CLAUSE TO PREVENT HEIRS FROM CHALLENGING A WILL OR TRUST

Friday, May 25, 2018
Category: Estate Planning and Estate Administration

A “no-contest” or “in terrorem” is a provision in a will or trust that would reduce or eliminate the interest of a beneficiary who initiates an action to contest the validity of the will or trust. Pennsylvania allows no-contest clauses, but there may be restrictions. In many states, including Pennsylvania, if the contest is based on probable cause or good faith, then the no-contest clause is unenforceable. That means that if the court determines there is a good reason for the contest, the clause won’t prevent the challenging heir from inheriting.

Kindly visit our Estate Planning and Estate Litigation websites or contact one of our Estate Planning Attorneys, Philadelphia or Philadelphia Estate and Trust Litigation Attorneys at 215-977-8200 for more information on this topic.

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