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No-contest provisions are sometimes enforceable. The term ?no-contest clause? is used here interchangeably with in terrorem or penalty clauses in the narrow sense that it signifies a prohibition against contesting a will or trust.
? This means that the no contest clause will be triggered only when there is an absence of ?probable cause? in the direct will or trust context. Probable cause is a low standard designed to protect an objector's right to assert arguable legal claims.
Under Utah law, in order to have a valid Will, the document in question must be signed by the person creating the Will (the ?testator?) and the Will must be signed by two witnesses and the Will must be intended by the testator to be a Will.
Formal probates cannot be challenged when they have been closed whereas informal probates can be challenged up to three months after the decedent has passed and the will probated.
75-2-102 et seq.). Most often, the ?heirs? who are likely to inherit under intestate succession will be the person's spouse or children. The spouse has priority. However, if there is no living spouse, then the estate passes to the children.
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.
A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal probate or three years from the decedent's death.
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.