Under probate law, when is a no-contest clause enforceable against an interested party?

Under probate law, when is a no-contest clause enforceable against an interested party?

• A. False
• B. True
• C. Only if the clause is notarized
• D. Only if the challenge was led by the executor

Answer: (B)

A no-contest clause is meant to deter someone from challenging a will or trust by threatening to cut off their inheritance if they contest. Because of that purpose, it is enforceable against an interested party who brings a contest to probate. The enforceability doesn’t depend on notarization or on who files the challenge; what matters is that the contest is brought under the instrument’s terms. In practice, many jurisdictions recognize the clause and enforce it, though there are often exceptions for contests filed in good faith or with probable cause; the key idea is that the clause discourages baseless challenges by penalizing the challenger.

A no-contest clause is meant to deter someone from challenging a will or trust by threatening to cut off their inheritance if they contest. Because of that purpose, it is enforceable against an interested party who brings a contest to probate. The enforceability doesn’t depend on notarization or on who files the challenge; what matters is that the contest is brought under the instrument’s terms. In practice, many jurisdictions recognize the clause and enforce it, though there are often exceptions for contests filed in good faith or with probable cause; the key idea is that the clause discourages baseless challenges by penalizing the challenger.