A Legal MinuteWill contests & capacity
Can a No Contest Clause Stop a Will Challenge
The short answer
According to the clip, a no-contest clause does not protect bad acts or illegal behavior, so it does not cover a forged, fraudulent or invalid will. It targets contests brought only over disliked terms. The clip adds that someone with enough reason to challenge is not disinherited by the clause, even if they lose.
From the full episode Contesting Wills in Arizona: Key Insights and Challenges (19:15).
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Transcript
This is probably the biggest question I get, and why people are very hesitant when they call to not even schedule. The no contest clause that we see in wills and trusts, that's, you know, say to the effect if anybody challenges this they're disinherited. That no contest clause does not protect bad acts or illegal behavior.
So if this will was procured fraudulently, let's say they forged the person who passed away's signature, that no contest clause does not come into play because it's a fake document. There was some kind of act.
No contest clauses are to protect what we kind of talked about previously of, I don't like the content, so I'm going to fight the will. You don't really have a reason to fight the will, you just don't like what it says. That's not a reason. So that's where the no contest clause would kick in. It doesn't have anything to do with if there's actually some kind of fraudulent issue or this will wasn't done right, it's not valid.
So you're not going to be disinherited for saying, "Hey, something's fishy here," and you have a reason. Even if you lose, if there was enough reason to bring it forward ethically, and then we find out, okay, that no contest clause still does not disinherit you.
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