No-contest clauses, application of, petition may be filed
Some wills have a rule that says if someone challenges the will, they lose what was left to them. This is called a no-contest clause. Before taking any action that might trigger that rule, an interested person can ask the court ahead of time to decide whether their planned action would cause them to lose their share.
474.395. s, of, may be filed — definition. — 1. If a will contains a no-contest clause, an may file a petition with the court for a whether a particular , petition, , or other for by the interested person would trigger application of the no-contest clause or would otherwise trigger a that is under applicable law and , which application would be in the manner prescribed in section 456.4-420, and subject to the set forth therein.
2. For purposes of this section, a "no-contest clause" shall mean a in a will to a to, or a of, any person who institutes a challenging the of all or part of the will, or that otherwise a forfeiture of some or all of an interested person's in the as a result of some action taken by the . This definition shall not be in any way as determining whether a no-contest clause is enforceable under applicable law and public policy in a particular factual situation. As used in this section, the term "no-contest clause" shall also mean an "".
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Source & history notes
(L. 2014 H.B. 1231 merged with S.B. 500 merged with S.B. 621)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.