Looking into no-contest clauses: What do they actually mean?

Aging Matters

By Kerry R. Peck

Kerry R. Peck is the managing partner of the Chicago law firm Peck Ritchey LLC. He is the past president of The Chicago Bar Association. His clients include families, hospitals, banks, the State of Illinois, County of Cook, and City of Chicago.

Posted June 4, 2020 9:23 AM

Suppose Adam and Barbara, residents of Chicago, have two children: Cathy and David. Adam and Barbara both pass, and in their joint will they leave 80% of their estate to Cathy and 20% of their estate to David. David is shocked by this and he is sure that Cathy played a part in this.He wishes to challenge the will because he suspects undue influence. However, there is a clause in their will that reads: “If any beneficiary under this will seeks to obtain, in any court, an adjudication that this will or any of its provisions …

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