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Do No Contest C...

Do No Contest Clauses work? Not too well. Previously, if an omitted heir could establish that he had probable clause to challenge the no contest clause (such as because the writer of the Will was under mistake or undue influence) the court would allow a challenge to the Will and not enforce the no contest clause. In a recent case, In Re Estate of Stewart, the Arizona Court of Appeals stated that if the no contest clause prohibited devisees or beneficiaries from assisting the omitted heir, the court would interpret this as enforceable as long as the beneficiary was deposed or subpoenaed. The beneficiary could not "voluntarily" give information to the omitted heir where the no contest clause prohibited it.

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Tuesday, 15 October 2019