You are considering challenging your parent’s estate plan. Perhaps you believe that another beneficiary used undue influence, so the will is not an accurate representation of what your parent wanted. Perhaps they allotted far more assets to that beneficiary than they did to you, and you think this is both unfair and unjust.
However, the estate plan has a no-contest clause. Does this mean that you are not going to be able to start your will challenge and that you just have to accept the terms of the estate plan?
You may risk your inheritance
Typically, a no-contest clause means that the inheritance you were given is at risk if you challenge the plan. For instance, perhaps your parent left you $10,000 while leaving $1 million to the other beneficiary. If you challenge the will, then you may run the risk of losing even that $10,000. These clauses are designed to reduce conflicts and litigation after someone passes away.
However, it is important to note that the court does not necessarily have to uphold the no-contest clause. In many cases, they will only uphold it if the challenge is unsuccessful. This way, you are prevented from frivolously challenging the estate plan when you do not have a valid reason to do so.
But if you win your case—if it is shown that the other beneficiary did use undue influence, for example—then you may not have to surrender your inheritance. After all, you were correct that the estate plan did not reflect your parent’s wishes, and it may need to be altered so that it does.
This can be a very complex process. It is important to know exactly what legal steps to take as you work your way through it.
