DGAA bLAWg

Illinois Wills and Trusts – The Use and Limitations of No Contest Clauses

Web Admin - Wednesday, May 24, 2017
Grief from losing a loved one can cause irrational behavior in even the most level-headed of people. When an inheritance is factored into the equation, arguments between family members can become downright volatile. In some cases, things can become so explosive that it irreparably damages relationships. This risk is why many people choose to create wills and trusts; they want to reduce the possibility of family strife. Unfortunately, it does not always work. Miffed family members can still contest a will or trust. An in terrorem provision may help. 

In Terrorem Provisions

An in terrorem provision, or a no contest clause, is sometimes used to discourage the contesting of a will or trust. It specifies that an heir may either lose their inheritance or receive only a nominal amount of money if they contest the validity of their loved one’s will or trust. Unfortunately, it is not always enough of a deterrent, and contests are still possible. 

Contests Can Still Occur

You can take all the right steps and put all the protective provisions in place, but you still cannot completely control what family members do once you are gone. Some may still contest the will, fully knowing they are at risk of losing their inheritance. Granted, individuals with smaller inheritances are far more likely to do so, but even those with a substantial amount to lose may consider the risk worth their potential gain. In some cases, that gain may not even relate to the inheritance; it could, instead, relate to getting “even” with a family member. 

Enforcement of No Contest Clauses in Illinois

An in terrorem provision is not much of a deterrent if it is not enforceable. Unfortunately, the law in Illinois is rather vague when it comes to the enforceability of no contest clauses. At least one court has overruled a no contest provision, stating that the contest was filed in good faith. However, that does not mean that all no contest provisions will be thrown out. Assistance from an experienced attorney can decrease the risk of language issues in your will or trust. As a result, your wishes are more likely to be honored by both your loved ones and the courts. 

Contact Our Arlington Heights Wills and Trusts Attorneys

If you fear family members may try to contest your will or trust and want to reduce the risk with an in terrorem provision, contact Drost, Gilbert, Andrew & Apicella, LLC for assistance. Experienced and dedicated to preserving your estate, our Arlington Heights wills and trusts lawyers will carefully examine your situation to help you develop a creative and comprehensive solution. Schedule your consultation by calling 847-934-6000 today.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Source:http://www.actec.org/assets/1/6/State_Laws_No_Contest_Clauses_-_Chart.pdf



Recent Posts


Tags

Des Plaines personal injury lawyers golf accidents Inverness real estate lawyer car accidents paid sick leave Arlington Heights Attorney Illinois employment lawyer Palatine law firm medical malpractice foreclosed rental property Illinois traffic ticket lawyer holiday statistics Chicago employment lawyer Illinois attorney consent to a search spinal cord injury manufacturing Illinois car accident attorney Crystal Lake car accident lawyer Illinois collections attorney vacation home Home Remodeling Repair Act controlled substance underinsured motorist Crystal Lake business law attorneys denied insurance claims DGAA Crystal Lake medical malpractice attorneys Des Plaines drug crimes lawyer Rolling Meadows employment law attorney Palatine elder law attorney Barrington employment attorney healthcare claims Des Plaines medical malpractice attorney Illinois living will hands free device Barrington criminal lawyer Illinois Transfer on Death Instrument Inverness real estate attorney Illinois personal injury Illinois medical malpractice case Illinois personal injury attorney caregiver Arlington Heights estate planning attorney Arlington Heights Traffic Lawyer criminal law Schaumburg insurance lawyers fault based insurance Colin Gilbert marijuana crimes attorney employee misclassification Riverwoods estate planning lawyer distracted driving accidents Arlington Heights personal injury attorney fiduciary rule delay unauthorized overtime BAIID Buffalo Grove law firm Home Sale Contingencies South Barrington real estate lawyer Illinois traffic attorney senior citizens texting while driving drunk driving nursing home negligence Schaumburg personal injury lawyer Chicago car accident lawyer employment law, Illinois employment laws boating accidents job lawyers driving Arlington Heights insurance attorney Arlington Heights car accident lawyer probate process products liability Illinois lawyer fiduciary rule Arlington Heights employment law attorneys license reinstatement FSLA breathalyzer test Crystal Lake will lawyer license Illinois medical malpractice claim tax attorney low-ball insurance settlement construction contracts pedestrian injuries, pedestrian fatality Chicago insurance claim attorneys car collision Deer Park traffic lawyer Buffalo Grove personal injury lawyer wage theft Illinois real estate lawyer Chicago insurance law firm Illinois wrongful termination lawyer product liability Chicago corporate attorney taxes Rolling Meadows medical malpractice lawyers car crash injuries personal injury law firm first degree murder natural gas Illinois pedestrian accident attorney minimum wage Chicago traffic lawyer Des Plaines civil attorney federal crimes Whistleblower Claims vacation home fines subcontractor Illinois medical malpractice attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys traffic violations Illinois LLC creation Landlord Tenant Ordinance Self-Directed IRA Accounts Illinois employment law attorney appealing an insurance claim Rolling Meadows traffic attorney Schaumburg employment attorney Illinois elder law attorney Illinois registered agent corporate law Arlington Heights pedestrian accidents drug crimes Schaumburg elder law lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation DUI traffic laws Deer Park accident attorney IRA trust transfer Fair Labor Standards Act pain and suffering motorcycle accident lawyer investment property criminal estate attorney blood alcohol content Crystal Lake civil litigation lawyer insurance attorney Barrington employment law attorney comparative negligence Chicago estate planning wrongful termination Palatine traffic lawyer power of attorney for healthcare suspended license Long Grove estate planning attorney small business Do Not Resuscitate Inverness DUI lawyer car accident lawyer insurance adjusters Palatine construction attorney Illinois insurance dispute lawyers bicycle dooring accidents dram shop law Schaumburg construction accident lawyer financial advisors Schaumburg medical malpractice lawyer employee rights swimming pools Deer Park personal injury lawyer foreclosure Schaumburg injury lawyer privacy laws income distribution deducation Schaumburg civil litigation attorney real estate lawyer Arlington Heights wills and trusts attorney estate planning trusts bad faith insurance claims Rolling Meadows corporate lawyer Des Plaines DUI attorney accidental death benefits no contest clauses landlord tenant law trucking accidents anesthesia errors home inspection lawyer Schaumburg personal injury attorney Illinois home inspection Forcible Entry insurance claim denials llinois Real Estate Lawyers Association Arlington Heights wills and trusts attorneys right to work cell phone accidents Des Plaines insurance attorney estate tax business litigation medical malpractice compensation Des Plaines collections attorney unpaid assessment estate plan Illinois criminal defense attorney expungement POA Jay Andrew murder Illinois small business estate planning attorney digital evidence hiring employees Buffalo Grove insurance claim dispute lawyers probate drugs Palatine punch death rent to own real estate contracts probate lawyer traffic tickets Palatine employment attorney trustee Arlington Heights tax lawyer Schaumburg traffic lawyer filing a medical malpractice claim Inverness elder law lawyer license revocation hit and run accident Transfer on Death Instrument denial of life insurance murder charges independent contractor IRS medication errors Des Plaines pet law attorney Illinois job attorney Rolling Meadows marijuana attorney Class A misdemeanor slip and fall Buffalo Grove traffic lawyers Illinois Smoke Detector Act blended families DNR bicycle accidents Palatine workers compensation lawyer Family Medical Leave Act natural gas explosion Rolling Meadows litigation lawyer insurance denial appeals LLCs Illinois Probate Act of 1975 Schaumburg estate planning attorney BUI Rolling Meadows DUI lawyer living wills Schaumburg personal injury lawyer Schaumburg drug defense lawyer Deer Park workers compensation lawyer Attorney Ken Apicella Illinois insurance disputes Illinois insurance claim attorney personal injury Illinois employee rights attorney. guardianship attorney Deer Park medical malpractice attorney Rolling Meadows employment law attorneys owner responsibility IRELA Chicago estate planning lawyer Arlington Heights personal injury lawyer Schaumburg criminal attorney Schaumburg estate attorney Barrington drug crime attorney Illinois estate planning attorney employment lawyer Crystal Lake insurance lawyer Illinois business law atorneys Arlington Heights accident attorney premises liability jet ski Des Plaines residential real estate eluding a police officer Buffalo Grove probate lawyer Barrington Illinois estate planning lawyer Crystal Lake personal injury lawyer trauma after an accident criminal record drug crime social media after death contracts Barrington Traffic Lawyer underfunded trust Illinois trucking safety Illinois rollover accident lawyers loss of consortium Rolling Meadows insurance lawyer Retaliatory Discharge traumatic brain injuries auto accidents drug possession Policy Cancellation agent boating under the influence FMLA surgical mistakes criminal defense Crystal Lake accident attorney Illinois Workers’ Compensation Commission estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, pet bites Illinois estate planning law firm traffic crimes Palatine criminal defense lawyer workers comp traffic deaths car crashes Schaumburg corporate attorney Illinois driving without license insurance dispute Long Grove real estate lawyer Affordable Care Act pet law institutional trustee insurance disputes Inverness probate lawyer Inverness personal injury attorney Super Mario Rolling Meadows life insurance policy GM ignition switches pedestrian accidents liens Des Plaines personal injury lawyer commercial real estate reckless homicide Illinois insurance claim dispute lawyers problem employees Crystal Lake employment lawyer IRA benefits estate planning employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys federal regulations for LLCs Chicago lawyer Buffalo Grove injury lawyer Rolling Meadows car accident lawyers Illinois boating accident lawyer Illinois workplace lawyer Illinois School Visitation Rights Act digital assets Inverness injury lawyer whistleblower protections ACA ObamaCare capital gains tax Barrington personal injury lawyer Illinois Human Rights Act pizza emoji Des Plaines drug lawyer BAC Arlington Heights injury attorney real estate leasing Illinois mortgages modern family estate planning Buffalo Grove medical malpractice lawyers digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers digital media accounts, estate planning, Arlington Heights estate planning attorney, Barrington civil litigation attorney installment contracts Des Plaines personal injury attorney Crystal Lake criminal defense attorney PTSD employees Arlington Heights car crash attorneys Crystal Lake pedestrian accident lawyer Fourth of July college kids Illinois employment law firm life insurance breach of contract traffic accidents motorcycle accident living trust vs will Detainer Actions Crystal Lake medical malpractice lawyer Employment Discrimination Law involuntary manslaughter Inverness traffic law firm meal breaks employment law Barrington real estate lawyer Mount Prospect real estate lawyer Federal Food Drug and Cosmetic Act Rolling Meadows insurance dispute lawyers, insurance dispute Chicago employment attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois wills and trusts probate claims process Illinois Wage Payment and Collection Act head on collisions Rolling Meadows real estate attorney Crystal Lake traffic attorney severance agreements construction accidents license suspension Rolling Meadows Attorney Barrington boating accident attorney Arlington Heights traffic attorney medical malpractice claims Arlington Heights trucking lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace real estate zoning personal injury claims marijuana TBI Food and Drug Administration's Food Safety Modernization Act CAM employment contract employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Des Plaines real estate attorney medical marijuana revenge porn Rolling Meadows estate planning attorney Long Grove estate planning operating agreements wrongful death overtime pay Exclusions Illinois trusts attorney Rolling Meadows probate lawyer insurance negligence defective products lawyer Mount Prospect elder law attorney Illinois corporate lawyer digital information preventing accidents Long Grove estate planning attorneys uninsured motorist Des Plaines real estate lawyer estate planning for college students pregnant women Mount Prospect wills and trusts lawyers loopholes underage DUI Long Grove real estate attorney rest breaks wills workers compensation benefits Illinois construction accident attorney living trust Rolling Meadows traffic law firm Inverness accident lawyer creditors mortgage disability benefits Buffalo Grove corporate attorney healthcare Barrington estate planning lawyer field sobriety test real estate attorney unpaid overtime Barrington medical malpractice lawyers Des Plaines Traffic Lawyer Crystal Lake injury attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois law personal injury claim Rolling Meadows criminal attorney Palatine personal injury lawyer spinal cord injuries Illinois workers compensation attorney Deer Park motorcycle accident lawyer Chicago attorney Illinois probate lawyer probate claims Crystal Lake car accident attorney employee discrimination Schaumburg employment law attorneys Arlington Heights real estate lawyer trust payments Des Plaines accident attorney automated cars dealing with problem employees personal injury accidents Illinois Sales Representative Act liability claims civil rights violation Illinois defective products attorney brain injury Kenilworth estate planning lawyer Crystal Lake employment attorney Arlington Heights wills and trusts lawyer drunk driving statistics Illinois medical malpractice lawyers Palatine injury attorney Palatine drug lawyer Illinois traffic laws Barrington workers compensation attorney Palatine real estate lawyer mass shooting living trust benefits employment attorney drug crimes lawyer dynasty trusts Illinois speeding lawyer Mt Prospect Attorney commercial leases privacy Buffalo Grove real estate attorney Schaumburg estate planning lawyer Rolling Meadows insurance attorney Crystal lake insurance dispute attorney coronavirus Illinois employment law new real estate form Thanksgiving unfunded trust Illinois wills and trusts attorneys Colin H. Gilbert Schaumburg criminal law attorney Schaumburg car accident attorney medical research insurance agents Barrington criminal defense lawyer Deer Park real estate law firm Palatine civil attorney car accident Buffalo Grove criminal defense lawyer Palatine Attorney Schaumburg personal injury lawyers texting and driving Joliet general practice lawyers Crystal Lake law firm pedestrian-automobile accident Crystal Lake medical malpractice law firm Palatine civil litigation lawyer Illinois employment laws condo icy parking lots car accident lawyers Rolling Meadows personal injury lawyers Rolling Meadows boating crash lawyer traffic offenses traumatic brain injury elder abuse Palatine probate lawyer deadly crashes trusts Illinois insurance claim dispute lawyer Illinois jet ski accident lawyer Kenilworth estate planning attorneys Illinois will lawyer Barrington injury attorney life insurance claims elder law civil litigation probate fees irrevocable trust advance healthcare directive Barrington attorney Crystal Lake estate planning lawyer gift taxes rumble strips changes to mortgage law Chicago will attorney Illinois personal injury lawyers Rolling Meadows insurance dispute lawyers denied insurance claim personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys jet ski accidents startup company Arlington Heights lawyer fatal car accidents traffic violations defense speeding cell phone tower data Illinois tax attorney Palatine trusts lawyer deed transfer sole proprietorship DMV pedestrian accident Deer Park traffic accident attorney Crystal Lake traffic lawyer condo association Palatine business attorney Rolling Meadows personal injury lawyer forming a corporation in Illinois Rolling Meadows employment attorney Illinois civil litigation lawyer trucking accident lawyers Illinois real estate attorney fees Crystal Lake tax lawyer boating DUI Des Plaines claims law firm Illinois injury lawyer pay when paid contract in terrorem provision Kenilworth estate planning attorney Barrington litigation attorney Crystal Lake personal injury attorney Buffalo Grove car accident lawyer life insurance lawyer real estate contract Chicago trucking accident attorney overtime violations Buffalo Grove traffic attorney insurance claim dispute attorney real estate closing real estate Illinois personal injury lawyer Illinois insurance claims lawyers bike accident Arlington Heights criminal lawyer Schaumburg real estate lawyer Inverness estate planning lawyer back injuries Buffalo Grove employment lawyer insurance dispute attorney insurance agent negligence Illinois estate planning Illinois motorcycle accident lawyer Illinois traffic accident lawyer homestead rights Barrington employment law firm personal injury attorney Rolling Meadows accident lawyer Schaumburg wrongful death attorney insurance claim slip and fall accidents Inverness civil lawyer Liquor Control Act Rolling Meadows criminal lawyer Barrington personal injury attorney landlord Legal Info Buffalo Grove personal injury attorney defective products truck collisions Crystal Lake pet attorney insurance claims cell phone caretaker rights Palatine employment lawyer Chicago biking tips crossover accidents Deer Park employment law attorney estate planning lawyer insurance claim denial DUI attorney Des Plaines motorcycle accident attorney insurance claim delay Palatine traffic accidents Illinois red light cameras Arlington Heights employment attorney trench injuries health insurance dispute insurance claim dispute Illinois pet lawyer Schaumburg Attorney workers compensation internet Palatine corporate law attorneys Arlington Heights wills and trusts lawyers Barrington business law firm Illinois insurance attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, civil litigation attorney Rolling Meadows Traffic Lawyer Rolling Meadows personal injury attorney Palatine corporate attorney sexual harassment estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois insurance lawyer DUI defense preventable medical errors Illinois business lawyer insurance denials Illinois workers compensation lawyer Schaumburg probate attorney liability rollover car crashes commercial leasing rollover accidents Inverness corporate attorney Deer Park DUI lawyer Crystal Lake employment law attorney distracted driving accident victims ken apicella Des Plaines tax law firm insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois bicycle safety comp time Illinois employment attorneys Deer Park criminal attorney Palatine insurance lawyer compensatory time Illinois workplace discrimination attorney Rolling Meadows drug defense attorney Des Plaines injury law firm car crash Arlington Heights TBI attorney DUI penalities Palatine employment law lawyer Inverness insurance attorney child safety clemency Illinois traffic attorneys Illinois Trust Code Rolling Meadows tax attorney food poisoning Crystal Lake bike accident lawyer Barrington estate planning attorney power of attorney sexual images Arlington Heights medical malpractice lawyer murder defense Illinois DUI attorney special needs trust Illinois employment law attorneys Rolling Meadows business lawyer Des Plaines criminal attorney real estate attorneys South Barrington real estate attorney work unions Long Grove wills and trusts attorneys Palatine estate planning lawyer dog bites workplace sexual harassment wills and trusts

Archive