What is a no-contest clause?
A no-contest clause is a type of probate law found in South Carolina. It states that if anyone contests a will or trust through a legal challenge, they will be disinherited or face other negative legal consequences. This clause is designed to deter beneficiaries from trying to invalidate a will or trust, since the cost of legal fees and other expenses associated with challenging the document would outweigh any potential benefit they receive. Additionally, the clause can be used to prevent disgruntled family members from challenging a will or trust in court. The clause is usually part of a larger document that outlines an estate plan and is enforceable in South Carolina. If someone violates the no-contest clause, the court may require them to pay for any damages and costs associated with the legal challenge.
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