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Include a No Contest Clause in the Will Another strategy to avoid a Will contest includes a ?no-contest? or ?in terrorem? clause in your Will. A typical ?no-contest? clause states that if an heir challenges your Will and loses, then he or she gets nothing.
contest clause ? also called a ?penalty clause,? or in legal circles, an ?in terrorem? clause ? is meant to prevent beneficiaries from challenging the will after the individual dies.
Valid legal reasons to contest a will include: Lack of testamentary capacity when the decedent wrote the last will and testament. Fraud or someone exerting undue influence over the testator. Insufficient or inappropriate witnesses.
Undue influence occurs when someone in a position of power or trust uses excessive pressure to cause the testator to change the will in ways that the testator does not want to do. Typically, undue influence may include: Deception. Your loved one may not have known what was happening.
Violation of Law For example, notarial wills must be written, signed by the appropriate party, witnessed and dated accurately. Though few are aware of it, wills referred to as holographic wills are to be handwritten. If a will lacks these formalities, it may be declared invalid.
"If any beneficiary under this will seeks to obtain in any proceeding in any court an adjudication that this will or any of its provisions is void, or seeks otherwise to void, nullify, or set aside this will or any of its provisions, then the right of that person to take any interest given to him or her by this will ...
The Thinking Behind Leaving One Dollar By leaving money, the goal is to dissuade someone from contesting because they would lose out on any money; however, by leaving a dollar the person isn't really losing anything. Anyone can contest your Will, regardless of whether you disinherit that person or leave them something.
No contest clauses are enforceable in Louisiana, however, courts do not favor them, and so they are interpreted very strictly. Not all cases in which wills are contested are a result of disgruntled family members; the law does allow a challenge in cases where the challenge is based on good faith.