Virginia Supreme Court’s Ruling On “No Contest” Clauses

This column is the first in a three-part series of blog posts that discuss “no contest” clauses in
Virginia. A no contest clause is a provision a person can place into a will or trust “that states that if a beneficiary under the will or trust challenges the validity of the will or trust (or, in some instances, tries to take certain other actions against the executor, administrator, or trustee), that person will forfeit his rights to take under the will or trust.” In Virginia no contest clauses are both strictly enforced and strictly construed. If a person contests a will that contains a no conflict clause (also referred to as an in terrorem clause) they are taking a huge gamble because if they lose they will get nothing. The second part of this blog series that has not been released yet will discuss the recent Virginia Supreme Court decision that deals with the issue of no contest clauses in the State of Virginia.

See Will Sleeth, Yes, Virginia, There Is A “No Contest” Clause, Estate Conflicts, November 30, 2015.