Contests on Wills can take a variety of forms, including proceedings to challenge the validity of Wills, to interpret Will provisions, to set aside conveyances, to impose on express assets, and to include or exclude beneficiaries. Many of these issues that are relevant to Will contests arising in attacks alleging lack of capacity, undue influence, fraud, or duress.
Issues relevant to determining the applicability of no-contest clauses in estate proceedings are equally relevant. The same rules of construction apply whether the document is a Will, a trust, or any other instrument. However, the context of a no-contest clause in a trust may be different from a Will. Talk to an attorney whether the proposed contest bears the risk of disinheritance.