Mar 1, 2007 12:00 PM

Dad Wins No Contest

Some states, such as Florida, ban no-contest clauses in wills as against public policy. A greater number of states allow these measures — also known as “in terrorem” clauses — but rarely enforce them. It seems that the law and its practitioners are reluctant to deny people, even disgruntled heirs, their day in court. And there's that maxim: The law abhors a forfeiture.

Unfortunately for a brother and sister, though, other legal norms worked against their challenge to their dad's will. You see, dad was a sitting federal judge, due a certain amount of deference on that account alone. And when he said, “no contest,” his judicial brethren listened.

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