To avoid conflicts or bitter feelings that may arise when your will is read after your death, you could include a “no-contest” clause in your will. When a will contains a no-contest clause, any heirs who challenge the will and loses may get a lot less than what was left to them, if anything at all. For no-contest clauses to be effective, however, your will must leave something of enough value to your heirs to make contesting not worth risking their inheritance.
Are No-Contest Clauses Enforceable?
No-contest clauses are allowed in many states, but a heir may inherit despite the clauses if he can prove he has good reason to contest a will. In addition, no-contest clauses may only apply to certain portions of an estate plan. The states of Florida and Indiana will not enforce no-contest clauses under any circumstances, so if you prepared a will in a state that allows no-contest clauses and you move to Indiana or Florida, you clause will immediately become void.
Enlist the advice and assistance of an elder law attorney when you are ready to draft up your will. Your attorney can provide guidance on the best way to ensure your intentions and wishes are honored after your death.
