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What Is a No Contest Clause? A no contest clause is a provision in an estate planning document such as a will or trust that states if a beneficiary chooses to challenge the terms of the document, that beneficiary will forfeit any gift or bequest under the document.
If you die with children but no spouse, your children will inherit everything. If you die with a spouse and descendants from you and your spouse, your spouse will inherit the first $50,000 of the intestate property, then half the remaining balance. Your descendants will inherit the other half of the remaining balance.
I give, devise and bequeath all of the remaining and residual property I have ownership in at the time of my death, whether real property, personal property or both, of whatever kind and wherever situated to [Inheritor 1 Name] absolutely and entirely.
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.
No, in Maine, you do not need to notarize your will to make it legal. However, Maine allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
You can also write your will yourself. This is called a Holographic Will. The Will must be written in your own handwriting and signed by you.
The only people who can challenge a trust are those with legal standing. This includes heirs and beneficiaries, usually immediate family members, such as children and parents.
Legally, only a person or entity with ?standing? can contest a will. Standing is when the party involved in the will contest will be personally affected by the case's outcome. Most often, this means an heir or beneficiary already named in the decedent's last will or any preceding will.