One of the many reasons for executing a Will and Trust is to make your wishes clear and prevent animosity among family members or other beneficiaries after your death. However, there are circumstances ...

No-contest clauses are generally included in trusts and wills in California in an attempt to prevent challenges to an estate plan after death. A no-contest clause looks like a powerful deterrent to ...

This article will discuss a proposed statute to apply a no-contest or in terrorem clause to trusts. It will also discuss a recent decision by the highest court of the state on such a clause. We ...

No-contest clauses can be beneficial, but also albatrosses. The existence of a clause itself cannot prevent all challenges or always result in forfeiture when a challenge is asserted. Similar to ...

The no-contest clause can be a powerful deterrent for a beneficiary who feels they are entitled to more than the share provided if they know that simply filing the challenge will forfeit even that ...

In our last column, we talked about a couple who decided to use a "No Contest" clause in their wills and we committed to continue that conversation this week. A No Contest clause is a paragraph that ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

While courts narrowly construe in terrorem clauses to avoid forfeiture, that doesn’t mean they ignore them.(Jacob Wackerhausen / Getty Images) Who should be afraid of an in terrorem clause? You, ...

The Massachusetts Appeals Court has ruled that an estate beneficiary did not trigger the “in terrorem” clause in his father’s will by providing an affidavit that supported his disinherited brother’s ...