Can I Use a No-Contest Clause in a Will?

It is suggested that everyone has some sort of estate plan in place. While many people choose a will, sometimes that’s not even enough.

You have to think of the possible drama that may occur. When drafting an estate plan, one of the biggest concerns is preventing disputes after you’re gone. Even though only 1% to 3% of wills are contested nationwide, challenges can be costly, time-consuming, and emotionally draining for surviving family members. One tool that estate planners often recommend to reduce the risk of litigation is the no-contest clause, also called an in terrorem clause.

A no-contest clause is a provision in a will that penalizes beneficiaries who challenge the validity of the document. In practice, it works as a deterrent. If a beneficiary files a lawsuit and loses, they forfeit the inheritance the will provided. This makes many think twice before pursuing litigation.

However, the clause only works if it applies to someone who actually receives something under the will. For example, a child left $50,000 has a strong incentive to keep quiet rather than risk losing everything. But if a person is completely disinherited, they have nothing to lose and can contest the will without fear of penalty.

Do All States Enforce Them?

Enforceability varies significantly by jurisdiction. Most states enforce them, either strictly or with exceptions for “good faith” or “probable cause” challenges. However, Florida and Indiana prohibit no-contest clauses entirely, while Vermont remains legally uncertain.

Still, these clauses need to be used wisely. Even in states that recognize no-contest clauses, courts may refuse to enforce them under certain conditions, so clear drafting and proper execution are essential. The court may allow the challenge despite the clause if there is evidence of:

• Undue influence (such as one family member pressuring the testator).
• Ambiguity in the will’s language.

Best Practices for Using a No-Contest Clause

• Leave meaningful gifts to potential challengers. Giving them something substantial to lose is what makes the clause effective.
• Communicate your wishes. Surprises often spark disputes. Talking to beneficiaries in advance can reduce resentment.
• Work with an experienced estate planning attorney. A professional can draft language tailored to your state law and reduce the risk of technical loopholes.

A no-contest clause is not a guarantee that your will is bulletproof, but in many cases, it can be an effective deterrent against costly litigation and family conflict. Careful planning is key: structure your gifts strategically, draft the clause with precision, and always consult a qualified attorney familiar with local law.

Seek Legal Help

With as many as 3% of wills contested in the United States every year, it’s important to do what you can to keep your heirs from starting drama after your death.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can help you deal with will disputes and other probate issues. To schedule a consultation,  fill out the online form or give us a call at 954-764-4330.

Source:

thinkadvisor.com/2025/01/16/how-to-bulletproof-a-will-with-a-no-contest-clause/