Podcast – Contesting a will with a no contest clause

Robert Ray

Podcast added!

The topic is “Contesting a will with a no contest clause”

Many people are concerned about contesting a will in Texas because they know that the will has a no contest clause. (Almost all wills have a no contest clause in them).
In this podcast, we will discuss what you need to know about contesting a will with that clause in it.
A no contest clause, referred to as an “in terrorum clause,” or “forfeiture clause,” was conceived to strike terror into potential beneficiaries to prevent them from contesting a will. Does it serve that purpose?
Texas courts and the Texas Legislature have a reluctance to enforcing no contest clause because they tend to attempt to close the court’s door whose purpose it is to fully litigate legal issues.
A bad person could obtain a will from someone who is mentally incompetent or obtain a will because of undue influence and the family would be afraid to bring those issues to a court for review.
The first thing to note is if a will cuts a beneficiary out completely, there is no reason for that beneficiary to be concerned about the no contest clause because he is already getting nothing. The no contest clause will have no effect on him. 
For those who do receive a substantial amount under a will that they believe should be contested, the no contest clause is unenforceable if the contest was brought in good faith and with just cause. 
So, the no contest clause should not be the major factor in deciding whether or not to contest a will.
 
I produce these Podcast to briefly discuss current topics about Texas inheritance issues. You can find more information about Texas inheritance issues on this website or on my blog above.

We will be making new podcast from time to time so subscribe to this blog. You can also subscribe to our channel on Apple PodcastSpotify, Google Podcast, Anchor, RSS feed and others that can be found here.

 

Click on the podcast below.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Signing a Will in All the Wrong Places

Signing a Will in All the Wrong Places

Where do you sign a Texas will? In a recent case, 01-20-00073-CV, a Texas will was offered for probate. The trial court did not admit the will to probate because the testator just initialed six pages and did not sign on the seventh page where the document had a space...

How do I claim my inheritance Texas

How do I claim my inheritance Texas

Claiming an inheritance in Texas An inheritance can never compensate for the death of a family member. But inheritance is not about greed; it is about custody and control of your property. Claiming an inheritance in Texas is usually straightforward if you are a named...

WHAT CONSTITUTES A SIGNATURE ON A WILL

WHAT CONSTITUTES A SIGNATURE ON A WILL

What constitutes a signature A holographic will is one that is wholly in the handwriting of the testator and signed by him. What constitutes a signature is often contested. Texas recognizes holographic wills but other states do not. The difference between a...

Podcast – revoking a will in Texas

Podcast added! The topic is "Revoking a will in Texas" Whether a will has been revoked or not is an issue that comes up in will contest. A recent Texas case showed some of the problems that can arise when one party claims that the will has not been revoked and the...

Podcast – Time limits for contesting a will in Texas

Podcast added! The topic is "Time limits to contest a will in Texcas?" A will isn’t open to be contested forever. Contesting a will is limited to filing within a certain amount of time - what the law refers to as the statute of limitations. You may be surprised to...

Podcast “DNA – I found my dad, do I inherit his estate?”

Podcast added! The topic is "DNA – I found my dad, do I inherit his estate?" You ordered a DNA test kit. When your received your results, you found out that your father was someone you did not know or did not know they were your father. Do you inherit his estate? We...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2022 | All Rights Reserved.

Pin It on Pinterest

Share This