The Wall Street Journal reports that the family of the late Zappos CEO Tony Hsieh has filed a motion seeking to invalidate a purported Last Will and Testament. According to the filing, forensic experts concluded that the signature is not authentic, and the attorney named in the document allegedly never met Hsieh. A linguistics expert said that no trained legal professional drafted the Will.
The purported will also contains a no contest clause providing that any beneficiary who challenges the will forfeits their inheritance. Clauses of this type are designed to deter litigation, but they are always a calculated gamble, particularly in cases of forgery. In many jurisdictions, courts do not enforce no contest clauses when the contest is supported by probable cause.
This reminds me of the many discoveries of the Wills of Howard Hughes.
Incentives matter.
