Which statement correctly describes the enforceability of no-contest clauses?

Which statement correctly describes the enforceability of no-contest clauses?

• A. They are enforceable only if there is no probable cause
• B. They must be in writing
• C. They are void if contested
• D. They are enforceable regardless of probable cause

Answer: (A)

No-contest clauses deter someone from challenging a will by threatening to forfeit their gift. The crucial point is probable cause: if there’s a reasonable basis to contest the will, enforcing the no-contest clause would be unfair, so courts often refuse to apply it. If there is no probable cause to contest, the clause can be enforced to discourage baseless challenges. That’s why the statement that they are enforceable only if there is no probable cause best describes their enforceability. Other options don’t fit because formality like being in writing isn’t the core test, and saying they’re void simply because they’re contested or that they’re enforceable regardless of probable cause ignores the protection against unfounded challenges.

No-contest clauses deter someone from challenging a will by threatening to forfeit their gift. The crucial point is probable cause: if there’s a reasonable basis to contest the will, enforcing the no-contest clause would be unfair, so courts often refuse to apply it. If there is no probable cause to contest, the clause can be enforced to discourage baseless challenges. That’s why the statement that they are enforceable only if there is no probable cause best describes their enforceability. Other options don’t fit because formality like being in writing isn’t the core test, and saying they’re void simply because they’re contested or that they’re enforceable regardless of probable cause ignores the protection against unfounded challenges.