While the number of wills being contested may sound small, this number doesn’t include the many wills not contested because of strategies used to discourage litigation. If your family includes people likely to battle over your estate plan, you’ll want to know about no-contest clauses. A recent article from Think Advisor, “How to ‘Bulletproof’ a Will With a No-Contest Clause,” explains how to protect your wishes.
A no-contest clause, also called an in-terrorem clause, is a provision in a will or trust designed to discourage heirs from challenging the document in court. If a beneficiary contests the will and loses, they risk forfeiting any inheritance they would have received. These clauses can be a powerful tool in estate planning, but their effectiveness depends on state laws and specific circumstances.
The enforceability of a no-contest clause varies by state law and case precedent. In Texas, no-contest clauses are generally enforceable but can be challenged under certain conditions. Courts may override these clauses if a contest is filed in good faith and with probable cause, meaning the challenger had a legitimate reason to question the validity of the will or trust.
Estate disputes arise for many reasons, including:
Even with a no-contest clause, a beneficiary who has already been disinherited has little to lose by filing a lawsuit, as they aren’t at risk of forfeiting anything. Read more in our article, Can You Successfully Disinherit a Family Member?
A properly drafted no-contest clause can discourage litigation by giving beneficiaries a reason to accept the terms of the will or trust rather than risk losing everything. However, these clauses only work if the heir has something to lose—meaning they must be left a meaningful inheritance.
For example, if a will leaves a beneficiary $100,000 but includes a no-contest clause, they must decide whether contesting the will is worth the risk of receiving nothing if they lose.
While these clauses can help reduce litigation, they are not foolproof. Some key limitations include:
The Hilton estate litigation case is an example in which careful planning was still not enough to prevent an estate dispute.
If you are concerned about a potential will contest or estate dispute, working with an experienced Tyler litigation lawyer is essential. A lawyer can:
If you want to safeguard your legacy and minimize family conflicts, a no-contest clause may be a good option. However, every estate is unique, and proper legal guidance is essential.
At Campbell Law Firm, our Tyler litigation lawyer, Clint Prather has years of experience handling estate disputes, will contests, and probate litigation. Book a consultation for clear guidance for your family to prevent and navigate these complex legal matters with confidence.
Reference: Think Advisor (Jan. 16, 2025) “How to ‘Bulletproof’ a Will With a No-Contest Clause”
