Writing a Will: Non-Contestability Clauses

Writing a Will:

Non-Contestability Clauses

by Dr Edgar Paltzer

Writing a Will: Non-Contestability Clauses A non-contestability clause is a provision that can be written into a last will and testament to discourage beneficiaries from contesting the contents of the will. It is used both to dissuade from contesting and to minimise the chances of success if the beneficiary goes ahead with the contest.

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How It Works The way a non-contestability clause works is that the will provides a certain sum of money or asset to the beneficiary in question, providing that the beneficiary does not contest the rest of the estate.

Should the beneficiary decide to contest anyway, they run the risk of losing what they were bequeathed in the first place if they are unsuccessful in court.

Maintaining Order One of the key reasons for including a non-contestability clause in a will is to try to maintain order during the division of an estate following a death. It is an option that is designed to prevent offspring or other family members who may feel they have been unfairly recognised in the division of the estate from causing disharmony through litigation.

One of the key reasons for including a non-contestability clause in a will is to try to maintain order during the division of an estate following a death.

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By visiting the blog of Dr Edgar Paltzer, you can learn more about situations where non-contestability clauses may be required due to an estate being divided unequally among offspring.