William McLoughlin, Sr. executed his will in 2020 leaving his estate to five of his six children. Excluded from the will was his namesake, William McLoughlin, Jr.
The document included a convoluted “no contest” clause which essentially revoked an heir’s inheritance if he or she challenged the will. (See page 8 of the attached document.)
Shortly after executing the document, William, Sr. died and his heirs sought to probate his will.
William, Jr. filed an objection to the will. He claimed, among other things, that his father lacked the capacity needed to execute the document due to his declining mental state.
William, Jr. got his brother Sean to sign an affidavit corroborating their father’s incapacity.
The remaining siblings argued that Sean’s affidavit triggered the will’s “no contest” clause. A probate court judge agreed and Sean’s inheritance under the will was revoked.
Sean appealed the decision and the Appeals Court reversed the probate judge’s ruling.
According to the Appeals Court,
A person contesting the probate of a will must file an appearance and an affidavit of
objections…Nothing here indicates that Sean engaged in conduct beyond appearing as a witness; typically, more active participation in the contest is required to trigger an in terrorem clause. (Citations and quotations omitted.)
The full text of the opinion is attached below.