09/27/2026
What happens when a will or trust contains an in terrorem, or “no-contest,” clause?
This was the subject of an article I co-authored with the late and great Attorney Charles A. DeGrandpre, my mentor:
“Closing the Loopholes: New Laws for ‘In Terrorem’ (No Contest) Clauses in Wills and Trusts,” published in the New Hampshire Bar Journal, Autumn 2011.
The article examined New Hampshire legislation that addressed the enforcement of no-contest provisions in both wills and trusts and discussed the statutory exceptions and the relationship between the new legislation and existing New Hampshire case law.
One of the particularly significant aspects of New Hampshire law discussed in the article was the treatment of good faith and probable cause in connection with challenges to wills and trusts containing no-contest provisions.
More than a decade later, I still think this is an important subject for attorneys drafting estate plans and for beneficiaries evaluating potential litigation involving an estate or trust.
If your beneficiaries are not amicable, consider having your estate planning attorney add a no contest provisions to your Will and Trust. SEE FULL ARTICLE HERE: https://drive.google.com/file/d/1EyRYhx1WFCpDfDC8MYgbN6lhpgfXFccn/view?usp=sharing
