What is a no-contest clause in a will?

A no-contest clause in a will is a clause in the will that disinherits or penalizes an individual if they challenge the will in court. In Maryland, this clause is governed by Probate Code Section 3-905. The no-contest clause is meant to discourage legal challenges to the distribution of property under the terms of a decedent’s will. The no-contest clause works like this: if an individual challenges the will and is unsuccessful, the will states that the challenging party will be disinherited or subject to a penalty. This can include removal from any beneficiary position in the will, or not being able to inherit any of the decedent’s property. It is important to note that the will must specifically state that this action will be taken in the event of a challenge. When a challenge is made, the court must decide whether it is made in good faith. If it is, then the no-contest clause will not be enforced. But if it is proven that the challenge was made with malicious intent or a lack of good faith, then the court can enforce the no-contest clause and disinherit the challenging party. Overall, it is important for anyone creating a will with a no-contest clause to understand the risks that are associated with it. It is also important to understand the legal implications of including one in a will and noting any challenges that may occur.

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