What is a no-contest clause in a will?
A no-contest clause, also known as an in terrorem clause, is a provision in a will that states that any beneficiary who challenges the will in court will forfeit their inheritance. While West Virginia courts have traditionally recognized no-contest clauses in wills, they have also held that the clause must be reasonable. No-contest clauses can discourage beneficiaries from challenging the will, but they do not completely eliminate the possibility of a challenge. West Virginia courts have determined that a beneficiary can challenge the will without fear of forfeiting their inheritance in certain circumstances. These include when the beneficiary challenges the will due to a suspicion of undue influence, duress, or fraud; when the beneficiary is requesting a reasonable interpretation of the will; or when the beneficiary is challenging a provision other than the one that deprives them of their inheritance. No-contest clauses may be beneficial in that they can help to protect wills from being challenged in court. However, they may also deter rightful beneficiaries from challenging a will, as they may feel reluctant to risk forfeiting their inheritance. Therefore, beneficiaries should weigh the risks and rewards when considering whether to challenge a will with such a clause.
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