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No Contest Provision in a Will or Trust

Posted on : September 12, 2016, By:  Christopher Hildebrand
No Contest Provision in a Will or Trust

No Contest Provision in a Will or Trust Under Arizona law, will clauses that disinherit those who contest the will are called in terrorem clauses. Are these clauses illegal or enforceable? In the case of In re Estate of Stewart, 286 P.3d 1089 (2012), the Court of Appeals considered the matter of in terrorem clauses. […]

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Violation of a Spendthrift Provision of a Trust in Arizona

Posted on : September 12, 2016, By:  Christopher Hildebrand
Violation of a Spendthrift Provision of a Trust in Arizona

Violation of a Spendthrift Provision of a Trust in Arizona Under Arizona law, a spendthrift provision in an estate planning trust prevents a credit from attaching a beneficiary’s interest. The provision also prevents the beneficiary from transferring his interest voluntarily. The purpose of such a provision is to prevent the beneficiary from either having a […]

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