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7.0 Jurisdiction and no contest clause32Crociani v Cocaine (2014) Privy Council Weight to be given to exclusive jurisdiction clauses in trustsFacts In 1987 the settler (EC) settled property on a Bahamian
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How to fill out no-contest clause

01
To fill out a no-contest clause, follow these steps:
02
Start with a clear and concise statement that identifies the intention of the clause.
03
Specify the consequences of contesting the will or trust, such as disinheritance or a reduction in the inheritance.
04
Clearly define what constitutes a contest, including any legal actions or challenges to the document.
05
Include provisions for exceptions to the no-contest clause, such as if the beneficiary has a good-faith belief that the will or trust is invalid or if the contest is brought to correct a clerical error.
06
Consult with an attorney who specializes in estate planning to ensure the clause is legally valid and enforceable.
07
Review and revise the clause periodically to ensure it aligns with your wishes and any changes in applicable laws.
08
Execute the document with the proper witnesses and according to the legal requirements of your jurisdiction.

Who needs no-contest clause?

01
A no-contest clause can be beneficial for anyone who wants to discourage potential beneficiaries from challenging their will or trust. It is particularly useful for individuals with complex or sizable estates, blended families, or concerns about potential disputes among heirs.
02
Some specific scenarios where a no-contest clause may be necessary include:
03
- High net worth individuals who want to ensure their estate is distributed according to their wishes and minimize the risk of lengthy legal battles.
04
- Individuals with estranged family members or beneficiaries who may have a higher likelihood of challenging the will or trust.
05
- Those who want to provide an incentive for beneficiaries to resolve disputes amicably rather than resorting to litigation.
06
- People who have specific wishes for asset distribution and want to protect those wishes against challenges.
07
It is recommended to consult with an attorney to determine if a no-contest clause is appropriate for your specific circumstances.
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A no-contest clause is a provision in a will or trust that disinherits a beneficiary who contests the validity of the document.
The person creating the will or trust is required to include a no-contest clause.
To fill out a no-contest clause, the person creating the document must clearly outline the consequences for any beneficiary who contests the validity of the document.
The purpose of a no-contest clause is to discourage beneficiaries from challenging the validity of a will or trust.
The no-contest clause must clearly state the specific actions or circumstances that would trigger the disinheritance of a beneficiary.
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Relevant keywords

2012 2014 mauritius neuberger crociani revisits unjustifiable beneficiarys remoter shareholdings claimant ltd barclays schmidt dicta obiter vivos hereof settlor vexatious bahamian purported enforceable councils justifiably forfeiture contractual unsuccess

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