October 29th, 2022 in
Many wills and trusts contain a no contest clause. A common version of this clause states if you challenge the terms of the will or trust you will be disinherited. If you believe their deceased loved one was preyed upon and the will or trust does not reflect their true intentions. If you are faced with that situation, it is common to inquire what will happen if you contest the trust. Perhaps you are being discouraged from contesting the trust or will because you are being told you will be disinherited.
It is important to recognize the no contest clause is meaningless if you have been disinherited. If the will or trust gives everything to the person who took advantage of your mother or father, the clause does not matter because you are not inheriting anything under the current will or trust.
The only way you will be able to receive your rightful inheritance is to file a will or trust contest. The no contest clause applies to direct contests that are filed without probable cause. If you challenge the will or trust and prevail, the clause will be set aside because the entire will or trust is void. Contact our team today to learn more about a no contest clause.