What Is a No Contest Clause in a Will And Is It Enforceable in Oklahoma?

When you are making a will, understanding every term and condition that you include is crucial to ensuring your wishes are respected after you pass away. One common feature you might consider is a no contest clause (in terrorem clause). The following information addresses this and whether it is enforceable in Oklahoma.

Understanding a No Contest Clause

A clause in a will is a statement that aims to discourage beneficiaries from challenging the will’s validity in court. If a beneficiary decides to contest the will and loses, this clause can result in them forfeiting their inheritance. Essentially, it’s a way to prevent disputes and legal battles over your estate, which can be lengthy and costly.

The Purpose of a No Contest Clause

The main goal of including a clause like this in your will is to ensure that your final wishes are carried out. This clause serves as a deterrent against potential challenges by heirs who might be dissatisfied or who might believe they are entitled to more than what you have allocated to them in your will.

Is It Enforceable in Oklahoma?

In Oklahoma, the enforcement of no contest clauses is covered under state law. Specifically, Oklahoma statutes generally uphold the validity of no contest clauses in wills, provided the will itself is drafted and executed properly according to state laws. This means that if you put this in your will, it is likely to be enforced by Oklahoma courts, but there are exceptions.

Exceptions to the Rule

While Oklahoma generally supports no contest clauses, there are exceptions where these clauses might not be enforceable. For example, if someone has a reasonable basis and evidence to believe that the will is a result of fraud, undue influence, or incapacity, they can challenge the will. In those cases, if the court finds the challenge to be valid and made in good faith, the no contest clause might not apply, allowing the challenger to still inherit under the will even if they lose the challenge.

How to Put Limitations in Your Will

To ensure that a no contest requirement stands up in an Oklahoma court, you should work with a lawyer. The attorney can help you draft a clause that clearly states the conditions under which beneficiaries would forfeit their inheritance and ensure that the rest of your will is constructed to support the enforceability of this clause.

Legal Challenges To These Clauses

It’s important to understand that while no contest clauses can be a powerful tool to deter challenges to your will. Its important to understand that they are not foolproof. Oklahoma courts typically examine the intent behind the will and the specific wording of the no contest clause. The courts also consider whether the challenge was made with a reasonable cause.

Planning Your Estate

Incorporating a no contest clause into your estate plan requires careful consideration and professional advice. Here are some steps you can follow to include this type of clause in your will effectively:

1. Consult with an estate planning lawyer in Oklahoma.
2. Discuss your estate planning goals and your reasons for including a no contest clause.
3. Review other estate planning tools that might be appropriate for your situation. This includes trusts, which can also help minimize estate disputes.
4. Ensure that your will, including the clause, is drafted according to Oklahoma law to uphold its validity.

Tulsa Will and Trust Attorneys

A no contest clause can be a valuable part of your estate planning. It can limit family disputes over your will. In Oklahoma, these clauses are generally enforceable. The key is to draft them correctly and with the guidance of a professional. Remember, while a no contest clause can deter litigation, it does not guarantee that challenges. Sometimes challenges occur, especially if there are legitimate concerns about the will’s validity. Call a Tulsa will and trust attorneys at Kania Law Office at 918.743.2233. Or click here to ask an online legal question.