A no-contest clause in a will means that if a beneficiary contests the will and loses, they will forfeit a part of or all of the inheritance they were otherwise entitled to receive. No-contest clauses are enforceable in California, and anyone can include them in their will to reduce the chances of a contest.
As a will beneficiary looking to protect your inheritance, the presence of a no-contest clause in your loved one’s will should not necessarily dissuade you from challenging the will. Here is why.
There are legal restrictions on enforceability
California law provides an important safeguard when it comes to enforcing no-contest clauses. If you have probable cause to challenge the will, the no-contest clause may not be enforced against you. Probable cause means having a reasonable belief or justifiable grounds that the will is invalid.
For instance, you may strongly suspect that your loved one was unduly influenced when creating the will or lacked mental capacity due to a medical condition. If this is the case, you will not have to give up your inheritance even if you contest the will and lose since you have valid concerns.
Do not take costly chances
It is in your best interests to weigh the potential risks and benefits of contesting the will with a no-contest clause, given that your inheritance may be at risk. How strong is your evidence? What are the chances of success? These are some considerations you should have beforehand to help you make an informed decision.
Seeking legal guidance for an informed assessment of the strength of your case is equally important to protect your interests. It can also significantly increase the odds of a desirable outcome if you choose to proceed with the will contest.