Posts made in November, 2015

The Old No Contest Clause (fiduciary litigation attorney)

Posted on Nov 2, 2015 in challenging a last will and testament

The Old No Contest Clause (a/k/a in terrorem clause)- In this situation, the testator, anticipating one of the beneficiaries might challenge the will and how little they’re getting compared to what they thought they’d get, puts one of these clause in his or her will. The No Contest Clause basically says “If any of my beneficiaries challenges my Last Will And Testament or a term herein, then they shall receive nothing from my estate.” However, the presence of a no contest clause does not exactly mean that a beneficiary will lose their inheritance if the...

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