Q: Can I challenge the will or trust in probate court even though there is a no contest clause?

A: Many people who correctly recognize that their parents' wishes were subverted by someone else get scared off from pursuing their case in probate court because of the no contest clause in the will or trust. It is important to understand that the existence of a no contest clause in a will or trust contest is usually meaningless. If the will or trust gives everything to the person who took advantage of your parent then it doesn't matter if there is a no contest clause because you are not going to inherit anything anyway under the existing will or trust. You have to file a will contest, trust contest, or both if you are going to inherit. If you win then the no contest clause is set aside along with the will or trust.
 
If the person who took advantage was a little bit more subtle by having the will or trust leave you some substantial amount of property then there is a bit of an analysis to be done. If you lose your will contest or trust contest then you will be disinherited and you won't receive the property left to you under the will or trust that was challenged. If you are successful, on the other hand, you will get your inheritance because the will or trust and its no contest clause has been set aside.