A provision in a will stating that if a beneficiary challenges the will's validity, they forfeit their inheritance. Also called an in terrorem clause or forfeiture clause. Enforceability varies by jurisdiction—some enforce them strictly, some only in limited circumstances, some not at all.
A clause that says "If you challenge this will, you get nothing." Designed to discourage will contests by threatening to disinherit challengers. Whether courts enforce these clauses depends on your jurisdiction: generally unenforceable in Australia and UK, varies widely in the US. Even where enforceable, they're often ineffective—the challenger must be left enough in the will to make the threat meaningful.
⏱ When you'll encounter this term
- Wills with unequal distributions among beneficiaries
- Estate planning to discourage will challenges
- Discussions about preventing family disputes
- Reviewing a will that treats beneficiaries differently
- US estate planning (more common than Australia/UK)
"My will leaves my son $500,000 and my daughter $100,000, with a no-contest clause. If either challenges the will, they forfeit their entire inheritance. My lawyer warned the clause might not be enforceable in my state."
💡 Did you know?
No-contest clauses create a paradox: to make them effective, you must leave the potential challenger enough to make forfeiture meaningful—but that defeats the purpose of limiting their inheritance. They're also generally unenforceable in Australia and the UK, where courts won't uphold provisions that discourage legitimate will challenges.