The No Contest Clauses in Wills: A Simple Way to Prevent A Big Dispute
A no-contest clause in a will is one of those legal tools that sounds more dramatic than it is. Also known as an in terrorem clause, it’s simply a provision meant to discourage beneficiaries from challenging your will. The clause says that if someone contests the will in court and loses, they forfeit whatever inheritance they were originally going to receive. It’s a “take what you get or risk getting nothing” approach that can help avoid drawn-out legal battles.
In Mississippi, these clauses are generally enforceable, but there’s an important exception. Suppose the person challenging the will had “probable cause”, meaning a good reason to believe there was fraud, undue influence, or lack of capacity. In that case, the court may allow the challenge without enforcing the penalty. In other words, you can’t shut down a valid concern just by including a scary-sounding sentence in your will.
These clauses are especially useful in families where tension might already exist. Suppose you’re leaving one child more than another, excluding a family member altogether, or dealing with a second marriage. In that case, a no-contest clause can help keep emotions from turning into lawsuits. It’s a quiet but firm way to say, “This was my decision, so please let’s not fight about it.”
But it’s not foolproof. If someone is left with nothing, or close to nothing, there’s not much incentive for them to follow the rules. After all, if they have nothing to lose, they may go ahead and contest the will anyway. It also runs the risk of discouraging someone from raising a legitimate concern. A beneficiary who suspects fraud might stay quiet to avoid losing their share, even if something truly was wrong.
The best approach is balance. If you’re worried someone might challenge your will, you could include a no-contest clause while still leaving them something meaningful enough to make the risk of losing it not worth the gamble. Be clear in the language. Be fair where you can. And most importantly, get good legal advice.
No contest clauses won’t prevent every problem, but in the right situation, they can help your wishes be carried out smoothly and with less drama. Think of it as your final say, delivered calmly and with just enough firmness to keep things on track.
If you’re considering including one in your will or trying to figure out what it means in a will you’ve received, it’s smart to talk to an estate planning attorney. A little guidance now can prevent a lot of trouble later.