Probate & court process

No-Contest Clause

Also known as Forfeiture Clause

A will or trust provision that disinherits any beneficiary who unsuccessfully challenges the document.

A no-contest clause works on incentives rather than prohibition. It cannot stop anyone from filing suit. What it does is attach a price: a beneficiary who challenges the document and loses forfeits whatever they were left. The calculation it forces is simple — risk a certain inheritance for the chance of a larger one.

That calculation only works if the gift is meaningful. Leaving someone one dollar with a forfeiture clause attached deters nothing, because a person with nothing to lose has every reason to sue. Practitioners who use these clauses well pair them with a gift large enough that walking away from it hurts, which is a deliberate and slightly uncomfortable drafting exercise.

Enforceability varies by state and it varies a lot. Some states enforce these clauses fairly readily; others refuse to enforce them at all; many sit in between and decline to enforce where the challenger had probable cause to bring the claim. Because that probable-cause exception is common, a clause is rarely a defense against a genuinely well-founded challenge.

Note also what counts as a contest. Well-drafted clauses define the triggering conduct precisely, since a beneficiary asking a court to construe an ambiguous provision, or objecting to an executor's accounting, is doing something different from attacking the will's validity. A vague clause can chill legitimate questions or, more often, fail to catch the conduct it was aimed at.

Frequently asked

Do these clauses actually work?
As a deterrent, often. As an absolute bar, no. Enforceability depends on your state, and many states will not enforce forfeiture against a challenger who had probable cause for the claim — which means the clause deters weak challenges and does little against strong ones. It also fails entirely against someone left nothing, since they forfeit nothing by suing. Treat it as one layer of protection rather than a shield.
How much should I leave someone I want deterred?
Enough that losing it would genuinely hurt them. The clause is a wager, and a beneficiary only declines the wager if the stake is real. A token gift makes litigation nearly free for them. There is no formula, and the right amount depends on the person's circumstances and how much the rest of the estate is worth. This is a conversation to have with an attorney who has seen how it plays out.
Does it stop a beneficiary from asking legitimate questions?
It should not, and good drafting makes sure of it. Requesting an accounting, asking a court to interpret ambiguous language, or challenging an executor's specific conduct are different from attacking the document's validity. A clause worded loosely enough to cover all of it can discourage oversight you would actually want. Define the triggering conduct narrowly so the clause deters challenges without shielding a fiduciary from scrutiny.

This glossary is general information, not legal advice. Estate planning rules vary by state and change over time. Legacy Suite is not a law firm — for questions about your own situation, speak with a qualified estate planning attorney.

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