What is a no-contest clause?

A no-contest clause is a clause in a will, trust, or other estate planning document that seeks to discourage beneficiaries from launching a legal challenge to the validity of the document. In Wisconsin, a no-contest clause will be enforced if it meets certain requirements. In order to be valid, the clause must be “expressed in clear and unequivocal language” and the beneficiary must have had notice of the clause before he or she accepted the benefit under the will or trust. The goal of a no-contest clause is to protect the testator or settlor’s wishes from being overturned in court. The threat of violating a no-contest clause deters beneficiaries from challenging the validity of the will or trust. This means that the testate or settlor’s wishes, as outlined in the will or trust, may stand even if a beneficiary has evidence that suggests the will or trust should not be enforced. No-contest clauses are controversial and are limited in Wisconsin. Courts will not enforce them where the beneficiary has indisputable evidence that the will or trust is invalid due to forgery, fraud, or some other legal defect. A no-contest clause does not apply to any proceedings which are not related to a challenge to the validity of the document. In sum, a no-contest clause is a clause in a will, trust, or other estate planning document that seeks to discourage beneficiaries from launching a legal challenge to the validity of the document. It is limited in Wisconsin and will not be enforced if the beneficiary has indisputable evidence that the will or trust is invalid due to forgery or fraud.

Related FAQs

What is a probate estate?
Is probate required if the decedent owned joint property?
How many executors can be named in a will?
How are creditors paid in probate?
Who pays for the cost of probate?
What is an estate sale?
What is an advance health care directive?
What is probate avoidance?
Can creditors file claims against an estate?
What is the difference between executor and administrator?

What is a no-contest clause?

Related FAQs

Related Blog Posts