Anyone with an interest in a decedent’s property may be able to bring a court action to contest the decedent’s will. This includes beneficiaries listed in the will and even third parties omitted from the will.

Beneficiaries often contest wills when they suspect there is fraud involved with the will. Complicated family relationships can also trigger will contests. Potential beneficiaries who are omitted from the will may also be inclined to contest the will.

In creating a will, many decedents are able to anticipate family members and others contesting the will. Decedents often include “no contest” clauses in their wills for this very reason.

A “no contest” clause is a provision in a will that specifies what the decedent would like to happen in the event that the will is challenged. With most no-contest clauses, the no-contest clause specifies that the person who contests the will shall forfeit his right to take any property pursuant to the will.

The courts have had a mixed reaction to no-contest clauses in wills. Generally these courts have upheld no-contest clauses when the clauses are unambiguous. The exception is when a would-be-beneficiary has some valid reason to challenge the will. The courts reason that the decedent would not have intended a legitimate beneficiary to be unable to challenge an impropriety related to the will.

Would-be-beneficiaries who are completely omitted from the will may view the situation as their not having anything to lose in challenging the will. Estate planning attorneys often recommend the decedent leave some amounts to persons who may contest the will. Even if these amounts are relatively small, they may give the omitted beneficiary something to lose if they opt to contest the will.

There may be other remedies available to beneficiaries and would-be-beneficiaries in the event that a will contest is or would be unsuccessful. In these cases the beneficiaries may be successful in bringing a claim for tortious interference with a will. Let’s consider tortious interference claims next.