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Pre-validation of Will and No-Contest ClausesHow to Avoid Challenges to a Client’s Testamentary Documents: Pre-Mortem Validation and No-Contest Clauses to the Rescue!

Subscriber Only: Wednesday, February 13, 2019 | 2:00pm ET / 11:00pm PT

Todd Flubacher
Morris, Nichols, Arsht & Tunnell, LLP

Amy Kanyuk
McDonald & Kanyuk, PLLC

Susan Lipp
Editor in Chief
Trust & Estates

In recent years, many states have enacted pre-mortem validation statutes enabling testators or settlors to take proactive steps to avoid will or trust contests. Pre-mortem validation statutes provide a mechanism to be used during the testator’s life to ensure testamentary documents are declared valid and to avoid post-death challenges.

 Another approach that offers a strong deterrent to will contests is the use of so-called no-contest provisions that have been validated by statute or case law.

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