Can no-contest clauses be enforced?

Estate planning experts in Battle Creek will tell you that seeing to your estate planning early on will help reduce the chances of there being disputes amongst your beneficiaries once you are gone. The last thing that you want to see happen is for your family to become torn apart over arguments about your will. Thus, you may think that the best way to avoid this is to attach a no-contest clause to it, with the hope that such language will discourage any of your loved one's from challenging its provisions. The question them becomes are such clauses enforceable? 

Section 700.2518 of Michigan's Compiled Laws states that no-contest clauses are unenforceable if a party has probable cause to institute a review of a will's validity. What exactly counts as probable cause? If, for example, one of your beneficiaries claims that in a conversation you had with him or her 10 years ago, you claimed you would leave him or her a certain amount of assets. If there are no other witnesses to this conversation (and reasons to question the beneficiary's motives), then not only could it be determined that he or she has no probable cause to initiate a dispute, but doing so could potentially affect any interest he or she does have in your estate. 

If, on the other hand, tension exists amongst two of your beneficiaries related to estate matters, and one side believes his or her interest to certain assets or property is misrepresentative of his or her management of or involvement with them compared to the other, then it may be deemed that he or she has sufficient reason to question them without jeopardizing that interest that was designated to him or her. 

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