Posted On: March 19, 2012 by Anne Rabuck

No Contest Clauses in Illinois Wills

A No Contest Clause (a/k/a in terrorem clause) is used in wills to prevent a beneficiary from challenging provisions in a will. A beneficiary may seek to increase the amount he is to be given under a will by challenging the will’s validity. If a will is declared invalid, the property in the estate will pass under the rules of intestacy. The beneficiary may receive a greater amount under these rules.

In Illinois, No Contest Clauses are allowed, but the courts construe them strictly.

One strategy is to leave the person who is to be disinherited enough so that he will be too afraid to risk losing it.

Contact an estate planning lawyer for further information.

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