Will Contests

Understanding the No Contest Clause in Wills

Information from a Will Contest Law Firm Bucks County, PA Locals Recommend

Some wills contain a clause known in legal terms as “in terrorem” or “no contest” in layman’s terms. Many people are not familiar with this clause and how it can affect their or another person’s inheritance. There are also questions about the enforceability of this clause. If you have questions or concerns about a no contest clause in a will, talk to us at Klenk Law We are a will contest law firm with a team of experienced lawyers who have helped many of our fellow community members in Bucks County. A will contest lawyer from our will contest law firm in Bucks County; PA can meet with you at no charge for a brief consultation that may offer you the guidance you need to make informed decisions about how to move forward.

The “In Terrorem” (No Contest) Clause

When a will contains this clause, and a beneficiary violates the intention of the provision, the recipient may be subject to losing all or a portion of the inheritance specified in the will.

Can This Clause Be Enforced?

The answer to that question varies by state and the circumstances of each situation. A will contest lawyer from Klenk Law can review your case and determine the In Terrorem clause’s enforceability. In Pennsylvania, the court will consider the argument against the will.  And, if the judge concludes that the case is valid and justified, she may not enforce the no-contest clause. It’s important to note that merely asking about the In Terrorem clause does not put the person in jeopardy.

Contest Arguments That Do Not Work

Again, this will vary and can be clarified by an experienced will contest lawyer. However, there are some arguments that will generally not be accepted as valid. An example is an argument that voices suspicions without proof that the deceased was forced to write the will as they did, rather than of their wishes. Without documented proof provided by the person contesting the will, their argument will likely fail.  This may trigger the In Terrorem clause. As a result, the court may choose to enforce it.  Therefore, if the court does enforce the provision, the challenger may receive nothing.

How can I avoid a will contest?

As a will contest law firm Bucks County, PA men and women rely on, we have known of a broad range of estate issues varying from family feuds and probate matters to contesting a will and more. No one wants their beneficiaries to have to deal with arguments, fighting, and months or years in and out of court after their death which is why it is essential to keep an up-to-date estate plan, which may or may not include a will.

One of your goals of an estate plan is to ward off arguments amongst your beneficiaries and promote acceptance and an understanding that your wishes have been spelled out. To achieve this; thereby, preventing a will contest, we would recommend that you consider the following:

Don’t Procrastinate with Planning Your Estate

Up to 60 percent of Americans do not have an estate plan. Procrastination is very common and unfortunately can cause a broad number of problems. Realistically you should start planning your estate when you have something to lose, or anything of value, and are of a sound mind. It is not a good idea to begin planning when there could be a question about whether you knew what you were doing.

By creating or updating an estate plan at a time when you were able to make sound decisions and understand the repercussions, or consequences, of these decisions, could prevent a will contest.

If you don’t understand your obligations, goals, or the process, you can always talk with an estate planning lawyer.

Don’t Hide Your Estate, But Don’t Flaunt It

People who choose to boast about an estate to everyone, and anyone, and who has cut a close relative completely out of may be more likely to have their will contested.

It is not advisable to tell everyone who you intend to leave your assets to and what their worth is. Instead, it may be better to sit down and talk with your loved ones about the estate plan, what you have done, and why. Keeping your loved ones informed about the choices you have made can prevent surprises, and a will contest.

Consider a Trust

A revocable living trust is an excellent estate planning tool to help avoid a will contest. This is mainly to do with revocable trusts being private while a living will is public. This means that the document that can be viewed by anyone once it is filed.

To find out  more about will contests and how to avoid them, or even deal with one when it comes up, call Klenk Law.

Klenk Law: We Provide Legal Guidance and Confidence

Every case is different because the circumstances and variables differ. Is someone challenging a will? If so, we can help guide you to enforce your rights.  Are you writing your own will, and worry about a will contest?  If so, we can help guide you to help prevent the will contest.

You Have a Limited Amount of Time to Act

The process of probating a will takes time, but there are limits on when you’ll need to make a challenge if you decide to do so. According to 20 Pa. Cons. Stat. § 908, you typically have one year from the date that the will is probated to challenge it.

Common Grounds for Will Contests

Not every disagreement about an inheritance leads to a successful will contest. Pennsylvania courts generally presume that a properly executed will is valid. To challenge a will successfully, you’ll need to show proof that the will was never valid. There are numerous different grounds for a potential challenge, including the following:

Lack of Testamentary Capacity

A person creating a will must have sufficient mental capacity at the time the document is signed. In Pennsylvania, this generally means the creator has to understand the nature of executing a will. They’ll also need a clear picture of the property they own and how they want those assets divided.

Medical issues like Alzheimer’s disease or the effects of certain medication can raise questions about whether the person had the ability to make informed decisions. These cases often come down to a battle between medical experts over whether the creator had the capacity to make their will.

Undue Influence

Undue influence is one of the most common grounds for a will contest in Pennsylvania. These claims arise when someone allegedly pressures or manipulates the testator into creating a will that reflects the influencer’s wishes rather than the testator’s true intentions.

Fraud

Fraud occurs when someone deceives the testator into signing or altering a will through manipulation. This could include using forgeries or tricking a person into signing a document without understanding what’s in it.

These cases are complex, often requiring experts to evaluate factors such as handwriting to determine whether a signature is legitimate.

Improper Execution

There are also frequent conflicts over whether the will meets all the technical requirements set out by law. This often comes down to disputes over the will being witnessed at the time of signing.

Revocation Issues

A will contest may also arise when there is disagreement about whether the will was revoked before death. It’s entirely possible for the will in front of the court to have been valid at one point, but revoked or replaced at a time before that person’s death.

Will Contests Is What We Do!

Weighing whether or not it’s worth contesting a will is never easy, especially when the document includes a provision that could strip you of your inheritance if you raise a challenge. On the flip side, no one wants to be forced to accept a will they believe is invalid or fraudulent because of threatening language included in the document. You deserve an attorney who can advise you of the risks and help you understand the way surrounding will contests.

At Klenk Law, our legal team of trusted will contest lawyers has helped many people who were challenged with estate issues and estate planning. Call us today and make an appointment for a complimentary case review with one of our trusted will contest lawyers.