Probate and Trust Litigation FAQs: Are no-contest clauses enforceable in Ohio?

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Q: Are no-contest clauses enforceable in Ohio?

A: A no-contest or in-terrorem clause is valid under Ohio law. A typical no-contest clause will disinherit anyone who challenges the decedent’s estate plan, but it will depend upon the particular language used. A no-contest clause essentially operates as a penalty by anyone who asserts a will contest action. Since 1869, Ohio courts have strictly enforced no-contest clauses and there are very limited situations under which a no-contest clause is not invoked. Unlike other states, there is no good faith exception to a no-contest clause under Ohio law.  f you are faced with an inheritance dispute involving a no-contest clause, please contact our estate and trust practice group to discuss your legal rights.

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