No-Contest Clauses

A no-contest clause in a will or trust is a provision that discourages beneficiaries from challenging the document. In California, these clauses are enforceable only against specific types of challenges, such as those made without a good reason, challenges to property ownership, and claims from creditors.

In a will, John included a no-contest clause stating that any beneficiary who challenges the will would lose their inheritance. When his daughter, Sarah, contests the will claiming it was made under duress, the court finds she had probable cause for her challenge. Therefore, the no-contest clause does not apply, and Sarah retains her inheritance.

No-contest clauses only bite when the challenge lacks a good reason.

Exams may present scenarios where a contestant has probable cause but still faces a no-contest clause, tricking students into thinking the clause applies regardless of the reason for the challenge.

Questions often involve fact patterns where a beneficiary contests a will or trust, requiring students to identify whether the contest falls within the enforceable categories of the no-contest clause.