What is a no-contest clause?

A no-contest clause is a clause in a will or a trust that states that anyone who challenges the terms of the will (or trust) in court will lose their inheritance. The clause can be used to discourage people from challenging a will or parts of a will that they don’t like. In Maryland, a no-contest clause will typically be found in a will or a trust agreement. It is a way for the person who created the will or trust agreement to protect their wishes and make sure their wishes are followed. The clause will usually state that if someone contests the will or trust in court, they will lose their inheritance. However, no-contest clauses are not foolproof. In Maryland, a court may still find that a challenge to a will or trust agreement is valid. The court may also disregard the no-contest clause if they find it was created in an attempt to harass or intimidate someone challenging the will or trust. Ultimately, it is up to the court to decide if a no-contest clause is enforceable in a particular situation.

Related FAQs

What happens to a will after probate?
Who can challenge a will?
How do I change or revoke a living will?
What is the difference between a will and a living will?
How can I ensure that my will is up to date?
What happens to a will when the testator dies?
What is a no-contest clause?
What happens if a beneficiary dies after the testator?
Are there limits on how much I can leave in a will?
How do I create a trust for my beneficiaries?

Related Blog Posts

Understanding Wills and Probate Law: The Basics - July 31, 2023
The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023