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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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Challenging a No-Contest Will

Posted on : September 12, 2016, By:  Christopher Hildebrand
Challenging a No Contest Will

Challenging a No-Contest Will Arizona law limits no-contest (in terrorem) provisions in wills and trusts. They can only be applied if a person contests without probable cause. In the case of In re Estate of Shaheen Trust, 341 P.3d 1169 (1995), the Court of Appeals considered this issue. It discussed the estate planning statutes and […]

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