What is a no-contest clause?

A no-contest clause (also called an in terrorem clause) is a section of a will or trust that states that anyone who challenges or contests the will or trust will not get any inheritance. In California, a no-contest clause is legally enforceable, although the courts may not always enforce them. No-contest clauses can be used to discourage family members or other beneficiaries from challenging the will or trust. As an example, if a will leaves a large portion of the estate to one child and a small portion to another, the child with the smaller portion might be discouraged from challenging the will if there is a no-contest clause. It is important to note that the no-contest clause does not prevent a beneficiary from challenging the will or trust, it only prevents them from inheriting anything from the estate if they do challenge it. The beneficiary may still dispute the will or trust, but they do so at their own risk of not receiving an inheritance. No-contest clauses can be included in wills or trusts, but they must be drafted carefully and in accordance with California law. It is also important to keep in mind that no-contest clauses may not always be enforced. A court may choose to not enforce a no-contest clause if it believes that the challenge was made in good faith and based on a valid legal argument.

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What is a no-contest clause?

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