When creating your will, you’ve carefully chosen who should inherit your home, your savings or a family heirloom everyone quietly covets. However, even the most well-thought-out will can fall apart if someone decides to challenge it.
Many people turn to a no-contest clause to help prevent costly, time-consuming legal battles over their final wishes. This legal tool is designed to discourage a will contest by warning your beneficiaries that they risk losing everything if they challenge the will and lose the case. It can be a strong deterrent, but it isn’t a silver bullet. Here’s why.
There are exceptions to no-contest clauses in California
A no-contest clause is only enforceable under specific conditions under California law. For instance, if someone brings a challenge with probable cause, they may not be disinherited even if they lose the contest. California law protects individuals who have a legitimate reason to question the validity of a will or trust, such as fraud, undue influence or lack of capacity.
Should you consider using one?
If you expect tension in your family or a will contest after you’re gone, a no-contest clause can help prevent frivolous lawsuits. However, it only works if the person has something to lose. Disinheriting someone completely may take away the clause’s power.
Additionally, it’s best to use a no-contest clause as part of a broader strategy to avoid future disputes. Clear language, updated documents and careful communication can do just as much, if not more, to keep your final wishes intact and your loved ones out of court.
Seeking professional legal guidance can help you understand your options for safeguarding your estate plan and reducing the risk of conflict among your loved ones when the time comes.