However, if the person does have a legitimate reason to challenge the will, the forfeiture clause is unlikely to deter him or her too much. One reason for this is that if the will is declared to be invalid, then the forfeiture clause is also invalid. A recent post in The Wills, Trusts & Estates Prof Blog points out another reason in “New Case: Parker v. Benoist.”
In this case, a Mississippi court ruled that if there was probable cause to contest the will and the challenge was made in good faith, then a person could still inherit despite the terms of the forfeiture clause. The reason for this is that courts do not want to discourage people from bringing legal actions when they have good reason to bring them.
The law is different in every state. The ruling in Mississippi, however, does represent a trend regarding where courts are going with forfeiture clauses. Speak to an estate planning attorney in your state about the rules in your state and about potential alternatives to a forfeiture clause to prevent challenges to your estate plan.
