Can an incontestability clause in a Trust be enforced?

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Can an incontestability clause in a Trust be enforced?

Asked on February 27, 2013 under Estate Planning, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Incontestability clauses are unenforceable in Florida.  Please check with an attorney in your state to find out if the clause you mentioned is enforceable.  Do not let an opportunity pass simply because you did not ask the right questions of the right person.  Good luck.

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Yes, if the clause is clear , as to who the clause is to apply to,  and when. However sometimes, the contest claimant may have a potential claim, so obtain probate counsel to advise you, as to whether settlement or trial of the issue is advisable.


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