Dad Wins No ContestDad Wins No Contest
Some states, such as Florida, ban no-contest clauses in wills as against public policy. A greater number of states allow these measures also known as in terrorem clauses but rarely enforce them. It seems that the law and its practitioners are reluctant to deny people, even disgruntled heirs, their day in court. And there's that maxim: The law abhors a forfeiture. Unfortunately for a brother and sister,
John T. Brooks, partner, Foley & Lardner, Chicago, and Rorie M. Sherman, editor in chief, Trusts
Some states, such as Florida, ban no-contest clauses in wills as against public policy. A greater number of states allow these measures — also known as “in terrorem” clauses — but rarely enforce them. It seems that the law and its practitioners are reluctant to deny people, even disgruntled heirs, their day in court. And there's that maxim: The law abhors a forfeiture.
Unfortunately for a brother and sister, though, other legal norms worked against their challenge to their dad's will. You see, dad was a sitting federal judge, due a certain amount of deference on that account alone. And when he said, “no contest,” his judicial brethren listened.
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