When preparing your will, you need to confirm all listed assets and decide how you want them distributed. A no contest clause is designed to keep beneficiaries from challenging the terms of the will.
If a beneficiary of your will or trust feels that you unevenly distributed assets, they may contest your will. If they challenge the will and lose, they lose everything that would be left for them… that beneficiary will receive nothing.
You may want to write in a no contest clause to discourage anyone from contesting your will. You and your estate planning attorney need to ensure that you have left enough to each beneficiary that they don’t want to challenge the will.
Not challenging the terms of your will can benefit your loved ones in several ways.
Even with this clause written in, a beneficiary will challenge the terms of your will, and they may win.
Despite the no contest clause, there is always wiggle room for someone to challenge the terms of your will – and win. A probable cause exemption means that the courts find that the beneficiary had probable cause to make the challenge and can rule against your wishes.
Writing your will is a complex and personal process. This is why you should seek the help of an experienced estate planning attorney. The no contest clause must be error-free and ensure nothing is left out.
Your attorney can offer you suggestions and tactics to deal with potential problems concerning your will or trust and the beneficiaries.
If you have questions about writing your will or a no contest clause, an experienced estate planning lawyer can advise you on the best options for your situation. To talk to a qualified estate planning attorney in Chicago or Oak Brook, contact the Estate & Probate Legal Group at 630-864-5835.
We serve Cook, DuPage, Kane, Lake and Will counties.