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Is contesting a will with a no-contest clause worth it?

On Behalf of | Nov 3, 2021 | Estate Litigation |

The idea of a family fighting over an estate is often not appealing. As a result, some individuals may choose to include a no-contest clause in their will if they believe that the chance of someone contesting the will is high. However, even with this clause, some Nevada residents may believe that they need to move forward with estate litigation. 

Essentially, a no-contest clause works in the hope of preventing frivolous litigation involving the remaining estate. This type of clause typically indicates that if a person with legal standing chooses to challenge the will and loses, then that person will not inherit anything from the estate. Of course, those who challenge a will and win may prove that the will was invalid and could inherit their legal claim to the estate. 

While contesting a will with this type of clause can be risky, there are times when it may be worthwhile, including the following: 

  • If the will completely disinherits a person, they already have nothing to lose by contesting the will as the outcome would be the same whether they choose not to contest or if they contest and lose the case.  
  • A person may have ironclad evidence that the will is fraudulent, forged or was created under undue influence. 
  • The risk of contesting the will and losing is worth the outcome of winning the case. 

Choosing to fight a no-contest clause can certainly be tricky. As a result, Nevada residents considering litigation may want to ensure that they weigh the pros and cons before deciding to take this route. Fortunately, interested parties could discuss their options with experienced probate attorneys to fully understand their options.