When a person dies, the loss can be extremely difficult on that person's surviving family members and friends. The intense emotions associated with such a situation can lead a grieving loved one to act uncharacteristically and even to unnecessary disputes over a variety of considerations. One common point of a contention is often the decedent's will, and a contested will can create instability within the surviving family for many years to come, if not forever. If you hope to keep such a fight from dividing your family after your death, you might consider adding a no-contest clause to your will.
Understanding No-Contest Clauses
A no-contest clause, also called an in terrorem clause, is a provision that can be added to a will that threatens to disinherit any person who contests the validity of the document. The clause essentially says that if anyone challenges the will, they automatically forfeit their inheritance or receive a very small percentage of what was originally intended for them.
While the addition of a no-contest clause may seem like an easy way to prevent family members from fighting over your estate after you are gone, it is important to understand the various pros and cons before making this decision.
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