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533: What Even We Didn’t Know About “Protecting” Our Wealth
BiggerPockets Money Podcast
The No Contest Clause in Estate Planning
The no contest clause is a provision in estate planning that can be included to prevent beneficiaries from contesting the estate plan. If someone tries to contest the plan and the clause is enforced, it essentially treats the contesting individual as if they have predeceased, skipping them over. However, if there are legitimate concerns such as the testator's sound mind or influence, the clause may be disregarded. Therefore, the clause is effective against unfounded contestations but can be challenged if there are valid reasons. It is advised that disgruntled beneficiaries think twice before hiring an attorney to contest the estate plan, as it may lead to serious consequences.
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