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Simple English definitions for legal terms
no-contest clause
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A quick definition of no-contest clause:
A no-contest clause is a rule that a person can put in their will that says if someone tries to challenge the will after they die, they won't get any of the money or things that were left to them. Different states have different rules about whether or not this rule can be enforced. Sometimes, if the person challenging the will had a good reason to do so, like if they thought something was wrong with the will, they might still be able to get their share. But it's important to check with a judge before trying to challenge a will with a no-contest clause.
A more thorough explanation:
A no-contest clause (NCC), also known as in terrorem clause, is a provision in a will that takes away a beneficiary's inheritance if they challenge the will after the testator's death. This means that if a beneficiary tries to contest the will, they risk losing their share of the inheritance.
The enforceability of a no-contest clause varies by state. In most states, the clause is enforced if the beneficiary's actions violate the terms of the clause. However, some states recognize the "probable cause" exception, which means that if the beneficiary had a reasonable belief that their claim was valid, they may still receive their inheritance even if they challenged the will.
For example, in a case from Georgia, the court decided that the probable cause exception did not apply. This means that the beneficiary who challenged the will lost their inheritance. However, beneficiaries can seek a court judgment to determine whether their challenge would trigger the no-contest clause of the will.
Overall, a no-contest clause is a way for a testator to discourage beneficiaries from challenging their will and to ensure that their wishes are carried out after their death.