Should You Include a No-Contest Clause in Your Arizona Will?

One of the key benefits of estate planning is that it can reduce the likelihood of loved ones becoming entangled in unnecessary legal disputes after you die. If you have concerns that a family member might challenge your will, adding a no-contest clause can be an effective safeguard.

What Is a No-Contest Clause?

A no-contest clause in a will is a provision that discourages beneficiaries from disputing the terms of the document. Arizona law states that if a person challenging the will loses, they will forfeit any inheritance they would have otherwise received.

Take note that a no-contest clause is not the same as a disinheritance clause in Arizona. While a no-contest clause is designed to discourage challenges to a will, a disinheritance clause expressly excludes a specific individual from inheriting, regardless of whether they choose to dispute the will (in most cases).

How a No-Contest Clause Works

Adding a no-contest clause in a will cannot eliminate the possibility of estate disputes, but it can remove the incentive for a beneficiary to take legal action. For example, if you left a loved one $25,000 but they challenge the will seeking more money, they will lose that $25,000 if the will is upheld.

Arizona only enforces no-contest clauses when there is no probable cause for a challenge. The court may allow a challenge without triggering the no-contest clause in cases involving potential fraud, duress, or lack of capacity. This is meant to ensure justice in cases of wrongdoing.

Pros and Cons of No-Contest Clauses

The no-contest clause has some significant benefits, including:

• Discouraging legal disputes and estate litigation
• Speeding up the probate process
• Preserving family relationships by reducing the chances of a legal battle

At the same time, such a clause has potential drawbacks:

• Limited effectiveness – A person could challenge the will successfully if they have credible concerns that undue influence or other wrongful conduct influenced the will-maker’s decisions.
• Potential for unintended disinheritance – Although the clause can help preserve family harmony, a will must be written carefully to avoid accidentally disinheriting someone who raises legitimate challenges about the will’s terms and has your best interests at heart.

Best Practices for Using a No-Contest Clause

When including a no-contest clause in your will, be sure to do the following:

• Leave a reasonable inheritance – If you’re worried that someone may contest the will, leaving them an inheritance they may not want to risk forfeiting can help deter challenges.
• Be clear and specific – Draft a document that clearly and concisely expresses your wishes. Vague language can create confusion and lead to challenges.
• Use disinheritance clauses when appropriate – If you intend to exclude someone entirely, a disinheritance clause can clearly show that the omission was intentional. This can prevent claims that the omission was a mistake.
• Work with an Arizona estate planning attorney – An experienced attorney can help you weigh the benefits and risks of a no-contest clause and create a document that withstands legal challenges and complies with state law.

Contact an Arizona Estate Planning Lawyer Today

At Brown & Hobkirk, PLLC we understand that reducing family conflict is a priority for many people during estate planning. Our experienced attorneys can help you create a will that meets your estate planning needs by communicating your wishes and providing clarity to your loved ones. Contact us today for your free consultation.