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No-Contest Clause in Estate Planning Documents
Worried about a disgruntled child challenging your will or trust if disinherited? You may be tempted to include a no-contest clause in your will or trust. A no-contest clause simply states that any heir or beneficiary seeking to challenge or set aside the will or trust will be disinherited.
On a practical level, the disinherited child is not discouraged by the clause because they are not entitled to inherit anything under the will or trust – they have nothing left to lose by going to court. It only benefits the disinherited child to have the will or trust declared invalid.
Instead of completely disinheriting your child, consider leaving an amount sufficient to make the child think twice about challenging the will or trust. For example, if you have a $100,000 estate and two children, leave the child who you would prefer to disinherit $15,000. By going to court, the disgruntled child risks losing the $15,000 if the will or trust is valid – they have something to lose.
There are also other options available, such as bypassing the child for the grandchildren. If you intend on disinheriting a child or heir, talk to your estate planning attorney about possible options to discourage future litigation.
Lora Johnson
Lora G. Johnson was raised in Phoenix, Arizona. She received her Bachelor of Arts in Psychology, cum laude, from Arizona State University and graduated from the University Honors' College. Her research was published in The Journal of Personality and Social Psychology. She also earned her Juris Doctorate from Arizona State University in 1999.
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