A no contest clause is an essential part of most any will or trust. It's rare that one would not be included. However, it doesn't fully prevent someone from "contesting." That is, there are things that a person can be due that are really contesting a trust but not legally considered contesting. However, those are normally if there was a possibility of wrong doing in the set up of the trust (i.e. lack of capacity or undue influence). The key with any estate plan is to hire an experienced estate planning attorney and make sure they go through the proper procedures to set up the trust. That reduces chances of contesting (or at least a successful contest). So, the attorney would meet with mom/dad alone, ascertain capacity, explain documents, participate in the signing and witnessing, etc.... All of these things reduce chances of a successful contest. Additionally, if mom and dad want to totally disinherit your siblings they might want to consider giving them a little carrot (enough money to be meaningful). That way if they contest the trust they get zero if they lose. If someone is looking at getting zero and instead gets $5,000 or $10,000 they might reconsider contesting. Good luck.
Answered on Nov 16th, 2013 at 2:02 PM