What is a no-contest clause?

A no-contest clause is a type of clause that is included in a will or trust in Indiana. It is designed to discourage someone from challenging the will or trust by initiating a court case. This clause states that anyone who challenges the will or trust will lose any part of the inheritance they are entitled to. No-contest clauses are not always enforceable in Indiana. Generally, they must be reasonable and made in good faith in order to be upheld. A court may decide that a no-contest clause is unreasonable if it applies to minor changes to the will or trust, or if the terms of the clause are too broad. Additionally, if a court finds that the primary goal of the clause is to deter a beneficiary’s right to challenge the will or trust, it may find that the clause is invalid. No-contest clauses are also known as in terrorem clauses, or “fear of wrath” clauses. These clauses are designed to ensure that the wishes of the testator (the person who wrote the will) are followed, even after that person has passed away.

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What is a no-contest clause?

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