Elevated Estate Planning, P.S. | October 31, 2025 | Wills
Estate planning ensures your wishes are honored after your death and prevents unnecessary family disputes. Yet, even the most carefully drafted will or trust can trigger tension among heirs. Many people include a no-contest clause in their estate plan to discourage challenges. But does it actually work?
Understanding how these clauses function, and when they might be enforced, can help you decide whether adding one to your will or trust is the right choice. Continue reading to learn what a no-contest clause does, how courts interpret them, and when they may fail to protect your estate plan.
What Is a No-Contest Clause?
A no-contest clause is a provision in a will or trust that penalizes beneficiaries who challenge the terms or validity of the document in some way. It typically states that if a beneficiary contests the will or trust (or files a lawsuit questioning its validity), they will forfeit any inheritance they would have received.
For example, suppose a parent leaves unequal shares of an estate to their children, and the will contains a no-contest clause. If one child files a lawsuit claiming undue influence or fraud, that child could lose their inheritance entirely if the court enforces the clause.
The goal is to discourage costly and emotional legal battles among family members.
How Courts View No-Contest Clauses
Whether a no-contest clause is valid largely depends on state law. Some states strictly enforce them, while others allow beneficiaries to contest a will or trust if they have a legitimate reason to believe it’s invalid.
In general, courts balance two competing interests:
- The testator’s intent, i.e., honoring the wishes of the person who created the will or trust; and
- The public policy of ensuring that fraud, undue influence, or lack of capacity can still be exposed and corrected.
Most states take a “probable cause” or “good faith” approach. This means that if a beneficiary challenges a will or trust with reasonable grounds (e.g., coercion or forgery), the no contest clause will not be enforced. However, if the challenge is baseless, the clause will likely hold up, and the challenger could lose their inheritance.
When a No-Contest Clause May Be Enforced
A no-contest clause is more likely to be enforced in the following situations:
- Frivolous or spiteful challenges: If a beneficiary contests the will simply because they’re unhappy with their share, the court may uphold the clause.
- Clearly worded provisions: Courts are more inclined to enforce clauses that are specific and unambiguous in describing what actions will trigger forfeiture.
- Proper execution: The will or trust must meet all legal requirements for validity, such as proper witnesses and notarization.
A no-contest clause is often most effective when a beneficiary is left something (as opposed to nothing). Losing even a modest inheritance can deter them from taking the risk of challenging the will. For instance, leaving a disfavored heir a small bequest of $10,000 alongside a no contest clause can discourage them from filing a lawsuit where that inheritance is threatened.
When a No-Contest Clause May Fail
There are also many situations where a no-contest clause may not work as intended. Courts often refuse to enforce these clauses if doing so would be unfair or contrary to public policy.
A no-contest clause may fail for the following reasons:
- There is evidence of fraud, forgery, or undue influence.
- The testator lacked capacity; if the person who made the will or trust was not of sound mind, beneficiaries have a legal right to challenge it.
- Vague or poorly drafted clauses can be interpreted narrowly or disregarded altogether.
Some jurisdictions have laws that make no contest clauses unenforceable in wills, while others enforce them only in limited circumstances. Even in states that uphold these clauses, beneficiaries may still bring certain actions — such as seeking an accounting or clarifying ambiguous terms — without triggering the penalty.
Contact the Trusted Estate Planning Lawyers at Elevated Estate Planning Lawyers for Help Today
A no-contest clause can be an effective way to minimize family disputes. If you’re creating or updating a will or trust, Elevated Estate Planning Lawyers is here to help. Our experienced estate planning attorneys can advise whether a no-contest clause makes sense for your situation.
For more information, please contact Elevated Estate Planning, P.S. to schedule a free consultation. We have five convenient locations in Washington, including Spokane, Kennewick, and Yakima.
Elevated Estate Planning, P.S. Spokane
9507 N Division St # B, Spokane, WA 99218
(509) 328-2150
Elevated Estate Planning, P.S. Kennewick
6855 W Clearwater Ave A103, Kennewick, WA 99336
(509) 328-2150
Elevated Estate Planning, P.S. Yakima
1115 W Lincoln Ave Suite 109, Yakima, WA 98902
(509) 328-2150