What Is a No Contest Clause and Is It Enforceable?

A no contest clause is a provision in a will or trust declaring that any beneficiary who challenges the instrument forfeits what it leaves them. The idea is deterrence: make the price of a lawsuit the beneficiary's entire inheritance.

California enforces these clauses far more narrowly than most people assume. Under Probate Code sections 21310 through 21315, a no contest clause is enforceable essentially against a direct contest, a pleading alleging the instrument is invalid for reasons like forgery, lack of capacity, undue influence, or improper execution, and even then only if the contest was brought without probable cause. If a beneficiary had probable cause, facts that would cause a reasonable person to believe there was a reasonable likelihood the challenge would succeed after further investigation, the clause does not bite. Certain creditor claims and transfer challenges can also trigger clauses when the instrument expressly says so.

The upshot: a meritorious contest is rarely deterred by a no contest clause, but the probable cause analysis should be done carefully, in writing, before anything is filed. Petitions can also be structured to seek relief without triggering the clause at all.