US-New YorkCan I add a no-contest (in terrorem) clause to my New York will?
Yes, you can add a no-contest clause to your New York will, but it is only enforceable against beneficiaries who receive a 'substantial benefit' under the will and only if they directly challenge the will’s validity.
What the Law Says
New York law permits no-contest clauses — also called in terrorem clauses — but strictly limits their enforceability to protect beneficiaries’ rights to seek clarification or challenge fraud, duress, or incapacity.
Under New York Estates, Powers and Trusts Law (EPTL) § 3-3.5, a no-contest clause is enforceable only if the beneficiary receives a 'substantial benefit' under the will and then brings a proceeding that expressly contests the validity of the will — such as claiming lack of testamentary capacity, undue influence, or improper execution.
The clause does NOT apply if the beneficiary merely seeks construction or interpretation of the will, files a protective petition (e.g., to compel an accounting), or challenges a fiduciary’s conduct — even if that challenge indirectly affects the will’s administration.
Importantly, if a court finds the will itself is wholly void (e.g., due to forgery or total lack of capacity), the no-contest clause is also void and unenforceable.
Statutory TextA provision in a will purporting to penalize any person for contesting the will or instituting other proceedings relating to the estate is enforceable… only if the contestant has received a substantial benefit under the will.
— EPTL § 3-3.5(a)(2) — In terrorem clauses
Statutory TextThis section shall not apply… where the proceeding is instituted… for the purpose of construing the will or determining the validity of a provision thereof.
— EPTL § 3-3.5(b)(1) — Exceptions
What Courts Have Said
New York courts have narrowly interpreted no-contest clauses to balance testator intent with beneficiaries’ rights to raise legitimate concerns.
The court held that filing a petition to remove an executor for breach of fiduciary duty — without directly challenging the will’s validity — did not trigger the no-contest clause.
The court enforced a no-contest clause where a beneficiary filed a direct challenge alleging lack of capacity, and had received a $1 million bequest — satisfying the 'substantial benefit' requirement.
What to Do
Consult an experienced New York estate attorney before adding a no-contest clause — its language must precisely comply with EPTL § 3-3.5.
Ensure the clause applies only to direct contests of validity — not to petitions for construction, accountings, or fiduciary removal.
Confirm that beneficiaries subject to the clause receive a clearly defined, substantial benefit (e.g., a specific bequest of $10,000+ or a meaningful residuary share).
Avoid using boilerplate language; tailor the clause to your will’s structure and intended beneficiaries.
Remember: If your will is found entirely invalid, the no-contest clause disappears with it — so focus first on proper execution and capacity documentation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.