Horton and Weisbord, ‘Boilerplate No Contest Clauses’

… This Article builds on this foundation by reviewing no contest clauses in 457 wills that were probated in Alameda County, California in the late 2000s. We show that testators and their lawyers overuse no contest provisions. Indeed, these terms appear in nearly 70% of the wills in our sample, including many estates in which there is no realistic possibility of discord. Thus, we conclude that some no contest provisions are intent-thwarting boilerplate. We then offer evidence that sticky default rules can help combat this problem …

Horton, David and Weisbord, Reid K, Boilerplate No Contest Clauses (May 9, 2019). 83 Law and Contemporary Problems (forthcoming 2020).

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