Skip to content
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Call: (802) 879-7133

Ready to get Started on your Estate Plan?
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
  • Services
    • Estate Planning
    • Incapacity Planning
    • Long-Term Care Planning and Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families FAQ
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • Inheritance Planning for Minor Children
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Vermont Caregiver FAQs
      • Wills
    • Is Your Estate Plan Outdated?
    • Long-Term Care Planning and Medicaid Resources
      • Long-Term Care Planning Analysis
      • Vermont Medicaid
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • Top Estate Planning Techniques
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
    • Contact Our Firm
    • Consultation Resources
    • Pre-Consultation Video
Home Âğ The Risks of No Contest Clause

The Risks of No Contest Clause

March 21, 2014 by Ellen LaPlante

In a perfect world, our wills would serve only to better the lives of our loved ones after we’re gone. There would be no hard feelings, no disbelief, anger or threats after heirs learn the contents of a will. Too many times, though, families split because of their inheritance (or lack of). A no contest clause is one way of limiting those battles, but there are a lot of moving parts you need to understand before including this clause in your estate plan.

The Basics

A no-contest clause basically serves as a deterrent for anyone wishing to challenge either a will or a trust. That deterrent means a forfeiture of anything he or she received in the will if that person attempts to contest it. In order for a no contest clause to work, what you’ve left to that heir must be enough to dissuade him or her from risking the loss. For instance, leaving an heir your collection of commemorative plates that might be valued at $3,000 could be worth the risk of losing it. Leaving that same heir $25,000 in cash might not be worth the risk of losing it.

We encourage clients who are concerned about beneficiaries disrupting the process to consider adding a no contest clause. It’s a great tool for many, but these clauses may not serve a need for everyone.

State Compliance

There are varying compliance issues in the states that allow these clauses – and two states don’t recognize them – Indiana and Florida. In many jurisdictions, a judge will hear the contest and if it’s believed the will is vague or not in compliance, the heir may be allowed to contest it with no repercussions. This means it’s crucial to ensure there are no vulnerabilities in your no contest clause.

There have been instances in the past when an heir had simply tried to correct a typo or other error in the will and then lost their inheritance – even if they had nothing to gain by correcting the mistake. Be sure you’re very clear in what you leave whom.

Unpredictable Relatives

Another important dynamic associated with the no contest clause is the potential an unhappy family member to ensure everyone else is unhappy, too. You might wish to address that so that there are no surprises when your will is read, even though it could result in the one who’s not going to be pleased with what he received to begin his campaign of demands and questions of why he’s not receiving what he feels he deserves. If it becomes too problematic, you will at least have the opportunity to change your will – either by increasing the complaining family’s inheritance or disinheriting him completely.

Remember, these are your assets that you’ve worked hard to build over the years. You’re not obligated to do anything you don’t want to do when it comes to dividing your estate.

Review Your Estate Plan

If you’ve not reviewed your estate plan recently, this is a great time to do so. With changing tax laws and the possibility of changes in your family, such as the birth of a new grandchild, you owe it to yourself to ensure it’s still in line with what you wished when the will and estate plan was put together. We can help walk you through the different clauses, trusts you might have put in place and insurance policies (especially important if your beneficiary is now a former spouse or is no longer living).

  • Author
  • Recent Posts
Ellen LaPlante
Ellen LaPlante
Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is licensed in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance Read More!
Ellen LaPlante
Latest posts by Ellen LaPlante (see all)
  • 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

Filed Under: General Tagged With: Estate Planning, will, estate plan, estate planning lawyer, family members, insurance policies, beneficiaries, no contest clause, trust, inheritance

Other Articles You May Find Useful

Unsworth LaPlante, PLLC
What Happens If Your Healthcare Agent Cannot Serve When Needed?
Unsworth LaPlante, PLLC
Questions Families Should Ask Before Naming a Trustee for a Special Needs Trust
Unsworth LaPlante, PLLC
Should You Leave Written Instructions Alongside Your Estate Plan?
Image
Creating an Emergency Care Plan for Your Pets
Image
How Adult Children Can Help Aging Parents Organize Their Legal Affairs
Image
How to Create an Incapacity Plan Before a Medical Emergency Happens

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo

Subscribe to our Newsletter

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

American Academy of Estate Planning Attorneys, Inc. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2026 American Academy of Estate Planning Attorneys, Inc.