What is a no-contest clause in a will?
A no-contest clause, also called an in terrorem clause, is a provision in a will that prevents anyone from challenging the will’s terms. Such clauses are common in Washington, as many people want to ensure that their wishes for the distribution of their estate remain intact and uncontested. No-contest clauses are generally triggered when someone contests the will and the court decides that the challenge is not valid. As a result, anyone who challenges the will can be disinherited from the estate. This clause is a warning from the deceased to those who are considering contesting the will, as it serves as a deterrent to those who would try to contest the will and disrupt the estate’s distribution. No-contest clauses do not always disinherit those who challenge the will. Depending on the language used in the clause and state laws, the court may be able to modify the clause or decide that it is unenforceable. Additionally, there are some exceptions to the enforcement of no-contest clauses, such as when a challenge is related to a valid claim of fraud or undue influence. Overall, no-contest clauses are often used in wills in Washington in order to prevent any challenges to the will’s terms. If someone does decide to challenge the will, they may be disinherited as a result and it will be up to the court to decide if the clause is enforceable.
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