What is a no-contest clause?

A no-contest clause is a provision in a will that prevents beneficiaries from challenging the content of the will. This clause serves to protect the wishes of the deceased and to ensure that the assets in the estate are distributed in accordance with the wishes of the deceased. In Oregon, a no-contest clause is enforceable if it is included in the will and if it is clearly expressed. No-contest clauses can be used to discourage beneficiaries from challenging the will or filing a lawsuit. No-contest clauses generally only prevent beneficiaries from challenging the entire will, rather than a particular section or bequest. Beneficiaries can still challenge a will on the basis of lack of testamentary capacity of the deceased, fraud, coercion, etc. No-contest clauses are also known as "in terrorem clauses," which is Latin for “in fear.” In addition, a no-contest clause can be used to disinherit a beneficiary or deny them a gift if the clause is invoked. In Oregon, the law limits the use of no-contest clauses and invalidates clauses that are too broad. This means that a no-contest clause should be carefully worded and clearly expressed in order for it to be enforceable.

Related FAQs

What is the difference between a beneficiary and an heir?
Can probate be avoided?
Is probate required if the decedent owned joint property?
Does an executor have the authority to sell real estate?
How is an estate distributed if there is a will?
What is a probate bond?
What are the requirements to be an executor?
What is the difference between an estate and a trust?
Is probate the same in every state?
What documents must be filed to open probate?

What is a no-contest clause?

Related FAQs

Related Blog Posts