• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Sexton, Bailey Attorneys, PA

SEXTON BAILEY ATTORNEYS, PA an Arkansas Estate Planning & Trust Information Center

Sexton, Bailey Attorneys, PA

Northwest Arkansas Estate Planning Attorneys (479) 443-0062

Click Here to vote for us for the Best of NWA!

Client Vault
  • Home
  • Our Firm
    • Our Firm
    • About the American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • News & Events
    • Our Reviews
    • Speaker Connection
  • services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • Legacy Planning
    • Pet Planning
    • Secure Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Webinars
  • Practice Areas
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning
      • Medicaid Planning
      • Pet Planning
      • Trust Administration & Probate
    • Newsletters
    • Pre Consultation Form
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
  • Blog
Home / Estate Planning Articles / The Risk of No Contest Clauses

The Risk of No Contest Clauses

June 30, 2015 by Audra Bailey Wilcox

The Risk of No Contest Clauses

Compliments of Our Law Firm,

Written By: The American Academy of Estate Planning Attorneys

When renowned fashion designer Oscar de la Renta died in late 2014, the assumption of many was his son, widow and her three children would receive similar – if not equal – inheritances. Instead, the designer’s son, Moises de la Renta received a very small inheritance (especially considering the size of his estate). Oscar de la Renta complicated things further for Moises when he instructed his attorney to include a no contest clause in his will. Is the paltry inheritance he recieved enough to prevent the younger de la Renta from tying up the estate in a lengthy court battle or is it sufficient enough for him to rethink any plans to contest the will at the risk of losing it all?

Moises was adopted by Oscar from an orphanage in Dominican Republic when Moises was two days old. Oscar raised Moises alone for the most part, though the elder de la Renta eventually remarried a woman who had three children of her own.

As Moises grew up, it became clear that he wanted to follow in his father’s footsteps. He launched his own line of women’s clothing, but instead of making his father proud, it resulted in a falling out between the two in 2005. Father and son didn’t speak for some time and judging from the estate’s details, it appears his father hadn’t forgiven him. Further, Moises’ fashion line never gained traction.

Many were surprised to learn of the no contest clause, which in effect states that any efforts to contest Oscar’s last will and testament can result in a total loss of Moises’ inheritance. In order for these types of clauses to really serve a purpose, there must be an incentive. For instance, if the younger de la Renta learned he’d inherit $10,000, it may not be enough of an incentive to remain quiet. He may be willing to lose $10,000 if there’s a possibility of successfully contesting the will. On the other hand, if his father left $500,000 to him, Moises could be less inclined to jeopardize that sum of money.

At the age of 82, Oscar had only recently signed his will in the final weeks of his life. His wife of 25 years, Annette, inherited most of her late husband’s material possessions and other assets, including a Park Avenue apartment valued at $13 million, a home in Connecticut worth nearly $3 million, and an estate in the Caribbean. The remaining assets were left in trust for his three stepchildren and his own son. It’s interesting to note that de la Renta’s widow and stepdaughter are co-executors of the estate; Moises plays no role.

To learn more about no contest clauses and how to reduce the risk of having your estate plan contested, we welcome the opportunity to help you explore your estate planning options.

Sexton, Bailey Attorneys, PA

Is Your Plan Outdated?

Office Address

Fayetteville
2766 Millenium Drive
Fayetteville, AR 72703
Phone: (479) 443-0062

Office Address

Prairie Grove
1100 Division Street, Suite 4
Prairie Grove, AR 72753
Phone: (479) 846-6026

( By Appointment Only )

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM

Map

map for office
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

footer-logo

© 2022 American Academy of Estate Planning Attorneys, Inc.