Meltzer Lippe: Briefly Speaking: No Contest Clauses - Do They Really Prevent Estate Litigation?

About this episode

This episode explores the effectiveness of no contest clauses in estate planning and their impact on litigation.

Episode Overview No contest clauses—also known as in terrorem clauses —are commonly used in estate planning to discourage beneficiaries from challenging a will or trust. But how effective are they in practice? In this episode, David Heymann, Managing Partner, sits down with David Bamdad, Chair of the firm's Trust & Estate Litigation Practice group, to take a closer look at how no contest clauses work, the common pitfalls that can limit their enforceability, and whether they truly reduce estate litigation. They also discuss legal limitations on their use and explore potential changes on the horizon that may impact how these clauses are drafted and enforced. This conversation offers practical insight for individuals planning their estates as well as professionals navigating trust and estate disputes. Topics Covered What are no contest (in terrorem) clauses? Common mistakes when including no contest clauses in estate planning documents Do no contest clauses actually reduce litigation? Legal limitations and exceptions Emerging trends and future considerations

People in this episode

Host: David Heymann

Guest: David Bamdad

Topics covered

• no contest clauses
• estate planning
• litigation
• trusts
• legal limitations
• emerging trends

Keywords

• no contest clauses
• in terrorem clauses
• estate litigation
• trust disputes
• legal limitations
• estate planning

Mentioned in this episode

Organizations: Meltzer Lippe, Trust & Estate Litigation Practice