Chances are you were careful when drafting your will – you ensured it reflected your genuine wishes. However, one of your heirs or an interested party can contest it when it goes to probate. Accordingly, inheritance distribution may take longer, and the court may execute your will in a way it deems right, which is not what you wanted.
To prevent this possibility, some testators include a no-contest clause in their wills. So, should you do this?
Here is what you should know:
It may be a wise move
A no-contest clause prevents beneficiaries from contesting a will lest they lose their inheritance or get a reduced portion. If you believe your will states your true wishes, you can include a no-contest clause. This way, you can be assured there won’t be hitches when it goes to probate.
It may not be a good option
Some will contests are valid. For instance, you may have been unduly influenced to make changes to your will with one of the beneficiaries through persuasion, coercion or manipulation. If another party notices this upon the will going to probate, they may contest it. In turn, the court will gather adequate information to ensure your wishes are fulfilled.
If your will has a no-contest clause in such an instance, it may be difficult for the beneficiary who notices the mistake to raise the matter. Further, they may need to obtain solid evidence to prove they have probable cause and are doing so in good faith, which can take time.
If you want to include a no-contest clause in your will, it will be best to get legal guidance to understand the moves to protect your wishes and loved ones.