“No-Contest” Clauses and Their Effects

A testator can include a “no-contest” clause within his or her will to decrease the chance that a disgruntled beneficiary will bring a challenge against the testator’s will. If a will has a no-contest clause, then the individual challenging the will loses any bequest that was made to them under that will. It is important to remember that a no-contest clause is only really effective if the beneficiary has something to lose under the will. 

These clauses have now fallen out of favor for public policy reasons. Generally, they are not favored because there is a belief that they could prevent a beneficiary from bringing a valid claim against the will for fear of losing his or her bequest. Therefore, if the beneficiary has probable cause to challenge the will, then the no-contest clause is ineffective.

See Cole Schotz & Christoper P. Massaro, Including A “No-Contest” Clause In Your Will May Prevent A Battle Over Your Estate, JDSupra, May 23, 2012. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.