What Is a No-Contest Clause in a Trust or Will?

A no-contest clause — also called an in terrorem clause — is a provision in a will or trust that disinherits any beneficiary who challenges the document. The purpose is to deter litigation by making the cost of an unsuccessful challenge — losing your inheritance entirely — too high to risk.

How It Works

A typical no-contest clause states that any beneficiary who contests the will or trust, files a legal action challenging its validity, or cooperates with someone else's contest forfeits their entire bequest and receives nothing.

Enforceability

Most states enforce no-contest clauses. However, many states have created an exception for challenges brought with probable cause — a beneficiary who had a legitimate, reasonable basis for the challenge does not forfeit their bequest even if the challenge fails. California, Florida, and several other states have codified this probable cause exception. A small number of states refuse to enforce no-contest clauses entirely on public policy grounds.

When No-Contest Clauses Generally Do Not Apply

Petitioning to interpret ambiguous trust language, seeking an accounting from a trustee, challenging trustee actions (not the trust instrument itself), or bringing claims for the beneficiary's own separate property.