People drafting wills usually include terms explaining who should inherit from their estate. They can also designate individuals to hold authority as personal representatives or guardians of minor children. People who take the time and energy to draft estate planning documents usually expect their documents to guide what happens with their property after their passing. However, families sometimes litigate over the terms of a will.
People might allege that the testator lacked capacity or that an outside party influenced their documents. Will contests have the potential to drastically increase the cost of estate administration. They can also do real damage to family relationships. Some testators choose to add no-contest clauses to their wills to prevent their loved ones from fighting over their property after they die.
What does a no-contest clause do?
A no-contest clause effectively creates consequences before initiating probate litigation. It is language that allows the probate courts to eliminate the inheritance of anyone who initiates a will contest. People who worry about their loved ones fighting over their property or inheriting less often add no-contest clauses to protect their last wishes.
If a beneficiary of an estate contests or challenges an estate plan, their actions may result in their disinheritance if the will includes a no-contest clause. Even in cases where the person acted out of sincere concern, not personal greed, they could still be at risk of disinheritance.
Unlike many other jurisdictions, where there are exceptions for contests brought in good faith or with probable cause to support the legal action, Virginia does not limit the enforcement of no-contest clauses. Anyone who attempts to undermine an estate plan by challenging a will may lose their inheritance.
Of course, family members who have questions about the validity of a will likely also have had an opportunity to review it and should be aware that it includes a no-contest clause. Informing loved ones about the intention to include a no-contest clause can potentially deter people from fighting over property later.
Adding the right terms to a will can make a major difference for those hoping to preserve the peace within their families and maximize what beneficiaries inherit. Testators may need to discuss their ideas at length with a skilled legal team to ensure they include the right provisions in an estate plan, and that’s okay.