Can I Use A No Contest Clause in My Will?

It’s a good idea to think about who you want to include and potentially who you want to exclude in your estate planning process. If you are concerned that someone might challenge the validity of your will in court after you pass away, you might be interested in speaking with your Virginia estate planning lawyer about adding a no contest clause to your document.

A no contest clause in a Virginia Beach will simply states that if a beneficiary under a will or trust challenges the validity of that document that party forfeits his or her rights to take under the trust or the will. According to Virginia law, no contest clauses are strictly construed and strictly enforced. This means that the courts do not interpret them to be any broader than their terms provide but that they are strictly enforced even if numerous people are caused to forfeit their inheritances as a result.

In the event, that a party challenges a trust or a will that includes a no contest clause in Virginia Beach and is successful in that challenge, the court then declares that document to be invalid and of no effect. Any party who is thinking about challenging a will or trust with a no contest clause inside must carefully consider the important choice here.

Not taking any action and taking an estate plan that they believe to have been created due to a lack of testamentary capacity, undue influence, duress or fraud or risk challenging the will and potentially lose the inheritance if the challenge is unsuccessful. Including a no contest clause can give you piece of mind in your planning. Find a Virginia Beach estate planning attorney who knows how to help you with your will and other key estate documents today.