One of the most important benefits of creating an estate plan is the assurance that your wishes will be honored, and can even be legally enforced, after you are gone. Whether you use a Last Will and Testament or a trust agreement to distribute your estate assets, you are counting on the terms of that Will or trust to be used to ensure that your assets are passed down to the people you want to have them. One threat to that plan is a Will or a trust contest wherein someone challenges (contests) the validity of the Will or trust. The Essex Junction attorneys at Unsworth LaPlante, PLLC explain how a “no contest” clause can help prevent a Vermont Will or trust contest.
What Happens in a Vermont Will or Trust Is Contest?
A Last Will and Testament is a legal document that can provide a legal roadmap for the distribution of your entire estate. For a variety of reasons, some people choose to use a trust agreement, however, as the primary method of distribution for their estate assets. Both a Will and a trust can be contested for many of the same reasons and using similar procedures.
A Will contest, for example, may be initiated by any “interested person,” typically referring to a beneficiary under the Will submitted for probate, a beneficiary under a previous Will, a legal heir, or a creditor of the estate. The contested must allege and prove legal grounds on which the Will can be declared invalid, such as that the Testator lacked the requisite testamentary capacity or was “unduly influenced” during the creation or execution of the Will. If the contestant is successful, the Will submitted for probate is declared invalid and a previous Will, if available, is used to probate the estate. If no previous Will exists, the state intestate succession laws are used to determine what happens to the estate assets. Although there are some differences, the basic concept of a trust contest is the same and, if successful, can lead to part or all the trust agreement being declared invalid.
Given the potential outcome if your Will or trust is contested, there is a powerful incentive for doing what you can to prevent people from initiating a challenge. That is where a no contest clause can help.
What Is a No Contest Clause?
A no contest clause in a Will or trust is a clause that discourages people from challenging the Will or trust by penalizing them for doing so. The potential contestant must be gifted something in the Will or trust for a no contest clause to be effective because the clause effectively forces them to waive that gift if they proceed with a Will/trust contest.
By way of illustration, imagine that you have an estate valued at $1million, that you have four adult children, and that you are concerned that one of your adult children will contest your Will. As your only surviving heirs, your adult children would be entitled to equals shares of your estate under the Vermont intestate succession laws, meaning each adult child would receive $250,000. You do not want to split your estate equally, but you believe that one of your children will contest your Will if you divide your estate as you wish. To discourage that child from contesting your Will, you give that child $50,000 in your Will and include a no contest clause. That no contest clause effectively says that your child forfeits the $50,000 bequest if he/she pursues a Will contest. Your child is then faced with the option to accept the sure thing ($50,000) or give that up and gamble on prevailing in a Will contest that would result in an inheritance of $250,000 if successful or nothing if unsuccessful.
Because state law governs the enforceability of a no contest clause, be sure to consult with your estate planning attorney if you are considering the addition of one to your Will or trust. While Vermont does enforce no contest clauses, courts tend to interpret them very narrowly, highlighting the need for professional guidance when incorporating one into your Will.
Do You Need Help Preventing a Vermont Will or Trust Contest?
For more information, please attend one of our upcoming FREE webinars. If you would like assistance preventing a Vermont Will or trust contest, contact an experienced Essex Junction estate planning attorney at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.
- Young Families Estate Planning in Vermont - May 5, 2026
- 8 Vermont Medicaid Myths Seniors Need to Understand - April 30, 2026
- Things to Consider If Someone in Your Estate Plan Is Not a U.S. Citizen - April 23, 2026
