Monthly Archives: August 2024

In the case of Butler v. Stegmaier, 77 Va. Ct. App. 115 (2023), the Virginia Court of Appeals declined to recognize a “good faith and probable cause” exception to “no contest clauses,” also called “forfeiture clauses” and “in terrorem clauses.” This was a case that I litigated, and while I will not delve into the specific facts here, the ruling is significant because it was previously an open issue of law as to whether Virginia recognized such an exception. The key case on the issue was the Virginia Supreme Court’s holding in Womble v. Gunter, 198 Va. 522 (1956). In that case, the …