Review of Reviews: “Forfeiting Trust,” 57 Wm. & Mary L. Rev. (2015)Review of Reviews: “Forfeiting Trust,” 57 Wm. & Mary L. Rev. (2015)

Often, wills include a forfeiture or no-contest clause that purports to terminate a beneficiary’s interest if the beneficiary contests the will or any of its provisions. Although two states—Florida and Indiana—refuse to enforce such clauses, Professor Deborah S. Gordon in her interesting new article, “Forfeiting Trust,” finds that most states will enforce them, although in varying circumstances. For example, the author cites 11 states that permit forfeiture of a challenger’s interest even if the challenge to the will is eventually upheld, thus allowing a challenger to choose how much litigation risk to bear. Not surprisingly, the majority rule is in between these two approaches, and the article summarizes that rule as follows:

Most state...