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No-contest clause
A no-contest clause, also called an ''in terrorem'' clause, is a clause in a legal document, such as a contract or a will, that is designed to threaten someone, usually with litigation or criminal prosecution, into acting, refraining from action, or ceasing to act. The phrase is typically used to refer to a clause in a will that threatens to disinherit a beneficiary of the will if that beneficiary challenges the terms of the will in court. Many states〔 in the United States allow for a Will to have a no contest clause, so long as the person challenging the will doesn't have probable cause to do so.〔
==No-contest clause in wills==
The Uniform Probate Code (UPC) §§ 2-517 and 3‑905 allow for no contest clauses so long as the person challenging the will doesn't have probable cause to do so.〔Uniform Probate Code (UPC) § 2-517. Penalty Clause for Contest, replicated at § 3‑905. Penalty Clause for Contest. Both found at (University of Pennsylvania Law School website page on Uniform Probate Code ). Accessed October 5, 2009.〕 The full wording is:
The UPC has been adopted in several smaller states, including Alaska, Idaho, Montana, and New Mexico, but also by Florida, one of the larger states in population.〔(Cornell Law School website page on Uniform Probate Code ). Accessed October 5, 2009.〕
Some states allow for "living probate" and "ante mortem" probate, which are statutory provisions which authorize testators to institute an adversary proceeding during their life to declare the validity of the will, in order to avoid later will contests.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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