What is a no-contest clause?
A no-contest clause is a clause written into a will that prevents the beneficiaries in Georgia from challenging the will. In other words, if the beneficiary attempts to contest the will after it has been filed in probate court, the clause states that they will not receive any of the inheritance. So, if someone named in a will does not agree with the terms of the will, they cannot contest it and still receive their inheritance. No-Contest clauses act as a deterrent to beneficiaries contesting a will. They also provide the will maker peace of mind knowing that their wishes will be followed without any hindrance. In Georgia, the no-contest clause is known as an in terrorem clause and must meet certain conditions for it to be legally valid and enforceable. When drafting a will, it is important to use an experienced and knowledgeable attorney who can ensure the use of proper legal terminology as well as writing the no-contest clause correctly in order to maximize its enforceability. No-contest clauses are an important part of wills and probate law in Georgia and can help ensure a will maker’s wishes are respected after their death.
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