An estate plan provides the legal framework for managing assets during incapacitation and upon death. Some people want to ensure that no one will try to challenge their final wishes.
Therefore, they include a ‘no-contest’ clause in their will.
What is a ‘no-contest’ clause, and can it be challenged in court?
Inheritance forfeiture
A no-contest clause may be included in a will to discourage beneficiaries from challenging the will’s validity and tying up the estate in an expensive, time-consuming court battle. It basically states that if a beneficiary challenges the will and loses, they forfeit some or all of their inheritance. Massachusetts recognizes and upholds these clauses.
But what if the beneficiary believes that outside factors played a part in the will’s creation?
Even though Massachusetts will uphold the no-contest clause, the court will allow the will to be challenged if the beneficiaries have legal grounds to support their claim, such as:
- Undue influence: A person in a position of trust manipulated or coerced the testator to change the will, which allowed that person to have more of the deceased’s estate.
- Fraud: Deceit or misrepresentation was used to trick the testator into signing the document.
- Lack of testamentary capacity: The testator didn’t have the mental capacity to understand what they were doing when they changed the will, such as could be the case for someone with Alzheimer’s.
Considering the risk of challenging a no-contest will, the beneficiary must have strong evidence to support their claim. Medical records, financial statements, timelines, correspondence and eyewitness testimony regarding the testator are essential to a successful challenge.
It’s also imperative that the beneficiary understands that if their claim isn’t strong enough, they may lose their entire inheritance. Therefore, discussing their concerns with someone who can evaluate their case and provide guidance is best.
