Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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Dear Dad who left me $200:

My Mom couldn’t possibly …

A no-contest clause, also known as an “in terrorem clause”, is a provision in a trust designed to discourage beneficiaries from challenging the document’s validity or its terms. It essentially states that if a beneficiary contests the trust and loses, they will forfeit their inheritance. 

Why are no-contest clauses important?

NO CONTEST CLAUSES IN WILLS AND TRUSTS ARE IRRELEVANT TO DISINHERITANCE BECAUSE THE DISINHERITED BENEFICIARY HAS NOTHING TO LOSE. LOSING $1, OR $200 DOESN’T DO ANYTHING, AND EVEN $5,000 ISN’T AN EFFECTIVE DETERRENT TO A CONTEST. THE BEST WAY TO DISINHERIT IS TO DEFINITELY NOT USE A WILL, AND PROBABLY NOT USE A TRUST. TRANSFER ON DEATH DEEDS FOR REAL ESTATE, BENEFICIARY DESIGNATIONS FOR 401(K) ACCOUNTS, AND PAYABLE ON DEATH DESIGNATIONS FOR BANK ACCOUNTS ARE ALL SUPERIOR TO WILLS AND TRUSTS FOR DISINHERITANCE.

No-contest clauses are significant in estate planning for several reasons:

• They discourage beneficiaries from filing costly and time-consuming lawsuits if the beneficiary is given a sufficient amount such that the beneficiary doesn’t want to risk losing it (not $1, $200, and probably not even $5,000).
• They help preserve estate assets by reducing the likelihood of legal disputes if the beneficiary is given a sufficient amount such that the beneficiary doesn’t want to risk losing it (not $1, $200, and probably not even $5,000).
• They can help ensure the decedent’s wishes are respected if the beneficiary is given a sufficient amount such that the beneficiary doesn’t want to risk losing it (not $1, $200, and probably not even $5,000).
• They may promote family harmony by discouraging legal challenges if the beneficiary is given a sufficient amount such that the beneficiary doesn’t want to risk losing it (not $1, $200, and probably not even $5,000).
• They can speed up the estate administration process by minimizing delays caused by disputes if the beneficiary is given a sufficient amount such that the beneficiary doesn’t want to risk losing it (not $1, $200, and probably not even $5,000). 

Important considerations include:

• The enforceability of these clauses varies by state.
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• No Contest Clauses do not deter contests for probable cause based lack of capacity, undue influence, or fraud because such contests are unenforceable against such contests.
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In summary, a no-contest clause aims to deter frivolous challenges to a trust to protect the trustor’s intentions, preserve assets, and reduce family conflict. However, their effectiveness depends on if the beneficiary is given a sufficient amount such that the beneficiary doesn’t want to risk losing it (not $1, $200, and probably not even $5,000). 

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