What is a no-contest clause in a will?

A no-contest clause is an important part of inheritance law in Michigan and elsewhere. It’s a provision that’s often included in a will and is designed to discourage beneficiaries from bringing a legal challenge to the will. A no-contest clause is essentially a deterrent, and it can be used in a number of ways including: limiting the time that someone has to file a challenge to the will, stipulating a penalty if a challenge is brought, and ensuring that the beneficiary who challenges the will forfeits their inheritance. No-contest clauses are put into place to protect the interests of the testator (the creator of the will) and to prevent unnecessary litigation. Litigation is expensive, time-consuming, and emotionally taxing, so the no-contest clause is a way of avoiding all of that. In Michigan, if a no-contest clause is properly drafted and included in a will, the clause is usually enforceable and will be upheld in court. However, even if a no-contest clause is included in a will, beneficiaries still have the right to challenge the will if they have good cause to do so. Good cause might include evidence of fraud, undue influence, or a significant mistake. Michigan courts are obligated to review any evidence that is presented when considering a challenge to a will, so there’s a chance that a challenge may be successful, even if there is a no-contest clause in place.

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