Some people know that the value of their personal property and/or the dynamics in their family may contribute to probate conflict after they pass. People who expect litigation challenging their wishes can preemptively prevent frivolous will contests.
A no-contest clause added to a will can effectively disinherit those who waste time and estate resources through unnecessary litigation. Both those expecting to inherit from an estate and those administering an estate may have questions about the impact of a no-contest clause.
How can language prohibiting a will challenge affect litigation, if it occurs?
Plaintiffs may prepare more carefully
When an estate is especially large, people may consider the lost resources consumed by litigation a reasonable gamble when they want to increase what they inherit. The cost of litigation may pale in comparison to the prospective windfall they hope to obtain by filing the lawsuit.
If the courts determine that the will itself and the no-contest clause are valid during probate litigation, then the party who brought the lawsuit could be at risk of losing their inheritance entirely. That threat can be a profound deterrent in all but the most serious of cases.
Plaintiffs who prevail, which means that the courts rule in their favor and determine that a will is invalid, typically do not risk the loss of an inheritance. Those who act in good faith or with probable cause can also avoid the loss of an inheritance during a will contest.
Assessing the terms included in a will and the grounds for a will contest with a probate litigation lawyer can help people evaluate the risk and respond effectively to will contests. No-contest clauses can deter litigation in many cases, but it may also inspire plaintiffs to come to court with far more documentation affirming their claims than they otherwise might have.