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Tips From the Pros: Bulletproofing the Estate Plan

Charles A. Redd discusses restrictions on and laws relating to no contest clauses.

A beneficiary may be motivated to contest a will or trust instrument because he believes he has sufficient grounds to invalidate the document (for example, due to forgery, lack of proper execution, fraud, incapacity, undue influence, duress) and stands to gain economically if successful. A successful challenge to the validity of a document will cause the decedent’s estate or trust to pass intestate or pursuant to an earlier document that wasn’t contested (or wasn’t contested successfully).

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