Full question:
Party A has several relatives that are looking to inherit money and/or property once Party A dies. Party A has decided who will get what in the will and in insurance policies and does not want it contested. What can Party A do to keep the will from being contested?
- Category: Wills and Estates
- Date:
- State: Alabama
Answer:
Generally, adding a non-contestability clause may assist in keeping the will from being contested. It is a provision in a will designed to stop beneficiaries from contesting the will. This provision states that if beneficiaries try to contest the will, their potential inheritances will be effectively redistributed to other beneficiaries.
In some jurisdictions, courts are very reluctant to recognize non-contestability clauses in wills, and despite the presence of these clauses, courts have allowed wills to be contested.
Non-contestability clauses are also designed to stop life insurance companies from refusing to pay out a claim to individuals because of fraud or error. Although, in some states, the life insurance company is given a one-time period in which it can contest a requested payout or claim
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
