A no contest clause, also known as an “in terrorem” clause, is a provision in a will designed to discourage beneficiaries from challenging the will’s validity and delaying the distribution of assets. This clause is a stipulation included in a will that threatens to disinherit any beneficiary who contests the will. By including such a clause, the testator aims to ensure that their wishes are carried out as intended, without interference.

How A No Contest Clause in A Will Works

For example, suppose a will includes a no contest clause and a beneficiary decides to challenge the will’s validity, alleging undue influence or lack of testamentary capacity. If the court upholds the no contest clause, the beneficiary could forfeit their inheritance, even if their challenge has merit. This potential consequence acts as a deterrent, discouraging beneficiaries from initiating legal battles over the will.

The enforceability of no contest clauses varies by state. In Oklahoma, no contest clauses are generally enforceable, but with important limitations. Oklahoma law upholds these clauses if they don’t violate public policy and are in the will with clear intent.

Good Faith and Probable Cause Exception

However, Oklahoma law provides an exception for challenges made in good faith and with probable cause. This means if a beneficiary has a legitimate reason to believe the will is invalid, the court may allow the challenge without enforcing the no contest clause. The beneficiary must demonstrate that their challenge is based on a genuine belief and supported by reasonable evidence.

Judicial Discretion

Additionally, the court has discretion in determining whether to enforce a no contest clause. Even if a clause is valid and the challenge lacks probable cause, the court may consider the specific circumstances and the overall fairness of enforcing the clause. This judicial discretion adds a layer of complexity to the enforceability of no contest clauses in Oklahoma.

Drafting Considerations for No Contest Clause in A Will

For testators, including a no contest clause requires careful drafting to ensure its enforceability. The clause should be clear and reflect the testator’s intent to deter challenges. Additionally, it is advisable to leave a meaningful inheritance to potential challengers. If a beneficiary stands to lose a substantial amount by contesting the will, they are less likely to challenge.

Beneficiaries should also understand the practical implications of no contest clauses. Before initiating a challenge, it is crucial to evaluate the strength of the evidence and the potential risks. An experienced estate attorney can provide valuable insights into the likelihood of success and the possible consequences of a challenge.

Claremore Estate Planning Lawyers

In conclusion, a no contest clause in a will is a powerful tool designed to prevent disputes and ensure the smooth execution of the testator’s wishes. In Oklahoma, these clauses are generally enforceable but come with important exceptions for challenges made in good faith and with probable cause. If you’re needing help implementing or enforcing a no contest clause in a will, contact our team at Claremore Attorneys by calling 918-379-4872 or online for a consultation.