Reprinted with permission from the Summer 2011 issue of the Real Property, Probate and Trust Law Section Newsletter of the Pennsylvania Bar Association © 2011. Further duplication without permission is prohibited.
As if cost and a demanding burden of proof were not significant enough deterrents to bringing a will (or trust) contest, disappointed beneficiaries frequently are confronted with another disincentive: a no-contest clause. In general, a no-contest clause (sometimes called a forfeiture or in terrorem clause) provides that any person who contests the will forfeits his testamentary share in its entirety or instead will receive a nominal amount. Sometimes the clause provides that the contesting party’s issue also will be disinherited, while other times forfeiture can result merely from a challenge to an administrative provision of the will. ...
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