In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
A No Contest clause, also known as an in terror em clause, is a provision commonly found in wills to deter beneficiaries from challenging the contents of the will. This clause states that if a beneficiary contests the validity of the will or takes any legal action against it, they will be disinherited or receive a substantially reduced share of the estate. The purpose of a No Contest clause is to maintain the testator's intentions and avoid costly and divisive legal battles within the family. By including this provision, the testator aims to discourage beneficiaries from challenging the will, ensuring that his or her final wishes are respected. Here are a few examples of how a No Contest clause may be phrased: 1. Disinheritance Example: "If any beneficiary under this will contest its validity or attacks its provisions, that beneficiary shall be deemed to have predeceased me and shall receive no share of my estate." 2. Reduced Share Example: "If any beneficiary under this will contest its validity or brings any legal action against it, that beneficiary's share shall be reduced to the sum of $1." 3. Explanation of Intent Example: "It is my sincere hope that my loved ones accept the terms of this will without dispute. However, if any beneficiary contests its validity, challenges any provision or takes legal action against this will, that beneficiary's share shall be limited to a nominal amount, such as $100." 4. Attorney Fees Example: "If any beneficiary contests this will, the contesting party shall bear all legal expenses and attorney fees incurred by the estate." It is important to note that the specifics of a No Contest clause can vary depending on the jurisdiction and the testator's preferences. Different states and countries may have specific laws regulating the enforceability and scope of No Contest clauses. Therefore, it is advisable to consult with an estate planning attorney to ensure the clause meets all legal requirements. Remember, the primary purpose of a No Contest clause is to maintain peace and harmony within the family after the testator's passing. By providing a strong disincentive, it encourages beneficiaries to respect the testator's wishes and reduces the likelihood of disputes or legal challenges regarding the will.
