Testators creating estate plans frequently worry about conflict after they die. Parents may worry about their children fighting over their property. Testators might even anticipate a particular family member contesting their will due to family conflict or a personal sense of entitlement.
Especially in cases where people leave unequal bequests to their family members or choose to disinherit someone in their inner circle, the possibility of probate litigation can trigger concerns about the loss of estate resources and the damage that litigation could cause to close relationships.
If a person concerned about probate conflict includes a no-contest clause in their will, can they trust the Tennessee probate courts to uphold that provision in their estate plan?
No-contest clauses are often enforceable
Some people refer to no-contest clauses as penalty clauses. They are essentially language disinheriting an individual who brings an unnecessary will contest in probate court.
The Tennessee courts can and often do uphold no-contest clauses if a will contest is unnecessary and inappropriate. However, in cases where the person filing the will contest does so in good faith and has probable cause supporting their legal action, the courts may choose not to enforce the no-contest clause. They can retain their inheritance, as they acted in good faith to support the testator’s wishes, not to enrich themselves.
No-contest clauses can be powerful deterrents to probate conflict. Reviewing family circumstances and estate planning intentions with a legal professional can help concerned individuals add the right details to their wills. The addition of a no-contest clause to a will or trust can prevent people from filing a lawsuit without sufficient justification or hold them accountable for doing so.