No-contest clauses in trusts and estate planning – do they stand up to scrutiny?
A ‘no contest’ clause is a provision in a Will or a trust that can state that a beneficiary will lose their interest, or be excluded as a beneficiary of a trust, if they bring a challenge to its terms. The presence of a ‘no contest’ clause significantly raises the stakes for someone considering mounting a challenge, and so they remain a powerful deterrent and are commonly used for that reason. However, the extent to which such clauses are legally enforceable is more of a difficult question.
Simon Taube KC spoke alongside Terence Wah (Dentons Rodyk & Davidson LLP, Singapore), with Scott E. Rahn (RMO LLP, USA) chairing the webinar. The speakers have appeared in key judgments on no-contest clauses in the Caribbean, Singapore and US, and discussed and compared approaches which the courts have taken globally in determining the triggers and enforceability of such clauses.
They had over 540 attendees online watching live, and the recording will be sent to over 1400 registrants. To learn more about the webinar, please click here.
