What is a no-contest clause and is it enforceable in California?

What the Law Says

California law strictly limits when a no-contest clause can be enforced. It applies only to certain types of challenges and only if the challenger lacked probable cause.

A no-contest clause (also called an 'in terrorem' clause) states that a beneficiary who challenges a will or trust forfeits their gift if the challenge fails. In California, such clauses are not automatically enforceable — they are narrowly construed by courts to protect beneficiaries’ rights to raise legitimate concerns.

Under California Probate Code §21310, a no-contest clause is enforceable only against a 'direct contest' — meaning a legal proceeding that directly challenges the validity of the instrument on grounds like forgery, lack of capacity, undue influence, or fraud — and only if the contestant brought the action without probable cause.

The law also carves out important exceptions: no-contest clauses cannot be enforced against actions to determine whether the instrument is valid, to interpret its terms, to request accountings, or to pursue claims against third parties (e.g., a trustee’s breach of duty unrelated to the instrument’s validity).

Statutory Text

A no-contest clause is enforceable only if the contest is a direct contest and the contestant brought the contest without probable cause.

— Probate Code §21310(a)

Statutory Text

‘Direct contest’ means a pleading in a proceeding that expressly alleges the invalidity of all or part of an instrument based on one or more of the following grounds: (1) Forgery; (2) Lack of due execution; (3) Lack of testamentary capacity; (4) Undue influence; (5) Fraud; (6) Duress; (7) Mistake.

— Probate Code §21310(b)

What Courts Have Said

California courts have consistently held that no-contest clauses must be narrowly interpreted and enforced only where statutory conditions are met.

What to Do

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