Planning out who in Hennepin will receive the assets from your estate and how they will receive them is a privilege that you have worked you entire life to enjoy. However, what if you fear that one of your heirs or beneficiaries will challenge the terms of your will? Should you attempt to include some sort of provision which would discourage him or her from doing so?
Language added to a will specifically meant to discourage beneficiaries from challenging it is called a “no-contest clause.” An example would be a provision stating that if any of your beneficiaries disputes the validity of your estate planning documents, his or her portion of the inheritance will be reduced by half. As far as the law is concerned, the Minnesota Probate Code addresses the validity of such clauses. It states that they are unenforceable if an interested party presents probable cause that the integrity of your will has been compromised. In other words, if the court believes that you were not of sound mind when creating your will, or that others had undue influence on its terms, then it may allow it to be disputed. At the same time, if it is believed that one of your beneficiaries simply is not happy with his or her share of your estate, the may choose to honor the no-contest clause.
Many estate planning experts recommend resolving any issues that could lead to a dispute prior to your death. If they are unavoidable, however, you may want to take measures to verify that sound decision-making went into your inclusion of a no-contest clause.
While such suggestions should not be viewed as legal advice, they may help avoid the tension that the discovery of a no-contest clause in your will may create.