By Lauren C. Cooper
Movies and TV lead the average citizen to believe that will contests, like those for Anna Nichole Smith, Marlon Brando or James Brown, are a normal and inevitable part of administering any estate. While will contests for estates that require probate are occurring more frequently than you might think, they are not inevitable. There are planning techniques that can avoid the trouble and cost of a will contest. One less commonly known advantage of trusts is that they can minimize the risk that an individual’s estate will be contested. In addition, our trusts also have a “you pay” provision that any trust beneficiary who asks for special appraisals or hearings pays these costs from their share and not from other beneficiaries’ shares.
All of the Trusts prepared by the Thom L. Cooper Company have what is known as a “No Contest Clause”, which states that any heir who attempts to contest the Trust Agreement will be immediately disinherited and that their interest in the Trust Estate will then be divided amongst the remaining beneficiaries. This may seem somewhat harsh, however it’s effectiveness is undeniable.
The motivating factor in the majority of all will contests is that an heir believes that they deserve a larger portion of the decedents estate. The No Contest Clause and “you pay” provisions remove this motivation because the heir is aware that if they try to fight the distributive arrangement, they will receive nothing. My experience with estate administration has shown me that when money is involved even the most amiable families relationships can become strained. When all of the heirs know that fighting the decedents wishes will not benefit them, they are encouraged to not argue through their Attorneys and work together. The No Contest Clause is a small aspect of our Trusts that offers a tremendous increase in your peace of mind knowing that after you pass away your wishes will be peacefully carried out.
