Will – Clause Forbidding Contest.

Unlike many other nations, the states of the United States grant broad power to citizens to determine who receives their assets on their death.  This power to direct one’s assets takes the form of a Last Will and Testament.  To reduce challenges to one’s Will, many states, including Georgia permit the Will maker to include a clause forbidding any challenge.  These clauses are commonly referred to as “no contest” or in terrorem provisions.

In essence, the provision forbids any beneficiary under the Will from inheriting under the Will if a challenge to the Will is made.  Thus, a dissatisfied heir or beneficiary risks inheriting nothing if a challenge is made.  Of course, if the challenge is to the Will as invalid for some reason, then the challenger might enjoy some inheritance under the statutory rules of inheritance depending on the circumstances. 


 

The information provided in this summary is general and for information only and

does not constitute legal advice for any particular situation of facts and circumstances.

If you have need of legal advice, please consult an attorney for your specific questions.