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GLOSSARY

A no contest clause definition

What does A no contest clause mean?

A clause preventing or discouraging a beneficiary from going to court to contest a trust.

There is no general rule against provisions preventing or discouraging a beneficary from going to court to contest a will. Similarly there is no general rule against provisions preventing or discouraging a beneficary from litigating over lifetime trusts. However a condition, imposed in terrorem, against starting any litigation that challenges the trust will be disregarded, insofar as the condition relates to lifetime trusts of personalty where there is no gift over.

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