In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
No contest clause, also known as in terror em clause, is a legal provision often included in trusts to discourage beneficiaries from challenging the terms of the trust or engaging in litigation. This clause serves to maintain the testator's intentions and protect the assets held within the trust. When beneficiaries violate the clause by challenging the trust, they risk losing their inheritance or facing certain penalties. There are several types of no contest clause examples that can be incorporated into a trust, each catering to specific circumstances: 1. Absolute Forfeiture Clause: This type of clause completely disinherits any beneficiary who contests the trust, revoking their right to receive any portion of the assets mentioned in the trust. 2. Partial Forfeiture Clause: With this clause, only the portion of the inheritance that the challenging beneficiary would have received is forfeited. The remaining assets are distributed amongst the non-contesting beneficiaries. 3. Gift Reduction Clause: Rather than forfeiting the inheritance entirely, this clause reduces the share of the contesting beneficiary to a specific amount or a percentage of what they would have otherwise received. 4. No Contest Provision with Exception Clause: This clause recognizes that there may be valid reasons for contesting the trust, such as undue influence or fraud. It allows beneficiaries to challenge the trust without triggering penalties if they have reasonable grounds for doing so. 5. Discretionary Clause: In some cases, instead of imposing outright penalties, this type of clause gives the trustee discretionary power to determine if the contesting beneficiary should receive their share or not. The decision depends on the circumstances of the challenge and the trustee's evaluation. 6. Mediation or Arbitration Clause: This clause encourages disputing beneficiaries to resolve their differences through mediation or arbitration rather than resorting to litigation. This helps maintain confidentiality and reduces the associated costs and time delays. In conclusion, incorporating a no contest clause into a trust can act as an effective deterrent against beneficiaries challenging the terms. The specific type of no contest clause to be used depends on the preferences and circumstances of the trust creator, as well as the laws of the jurisdiction in which the trust is established.
