You’ve taken the important step of getting your estate plan in order, now don’t you expect your plan and your wishes to be followed? While nothing can completely stop a relative from challenging your will or trust, a no-contest provision can be a deterrent from such challenges and is a common clause in most wills and trusts.
A no-contest provision is a clause in your will or trust that totally cuts out a beneficiary if they challenge your plan and lose. It sounds severe, but it’s meant to deter and punish a challenge to your plan.
Generally a challenge (or caveat) will happen when someone is anticipating a larger share of your estate than they actually inherit. Children are common challengers when they are not treated equally. The main deterrent factor for a no-contest provision is when a beneficiary is actually receiving something from your estate, but less than what they could if your will didn’t exist. If someone is being totally disinherited, there’s no deterrent to challenging the will because their share cannot get worse – it’s already $0.
Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.
Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.