What this clause does
A no-contest clause (also called an in terrorem clause) tells a beneficiary that if they file a legal challenge against the will or trust, they lose their share. The threat is the deterrent. The clause does nothing against someone who already gets nothing under the document, so it works best when an unhappy beneficiary has a meaningful inheritance at stake.
Why families include it
Families include a no-contest clause when they expect friction. Blended families, unequal shares, a recently changed plan, or a disinherited child are the classic triggers. The clause raises the cost of a fishing-expedition lawsuit without slamming the door on legitimate concerns.
Arizona notes
Arizona enforces no-contest clauses but carves out a probable-cause safe harbor. ARS § 14-2517 (wills) and ARS § 14-10113 (trusts) provide that a no-contest clause is unenforceable against a challenge brought with probable cause. The result is that a beneficiary who genuinely believes the document was procured by undue influence or signed without capacity can usually pursue that challenge without forfeiture, while a vexatious challenger risks losing their share.
Illustrative language
Documents that include a no-contest clause typically contain language along these lines: "Any beneficiary who, directly or indirectly, contests this instrument or any of its provisions shall forfeit all interest given under it, and the contesting beneficiary shall be treated as having predeceased me without descendants." This is descriptive of common drafting, not a template.
Common variations
- Forfeit and treat as predeceased with descendants. The forfeited share passes to the contesting beneficiary's own descendants.
- Forfeit and treat as predeceased without descendants. The forfeited share is redistributed to the other beneficiaries entirely.
- Limited triggers. The clause names specific actions (filing suit, lodging a formal objection) that trigger forfeiture, rather than any challenge of any kind.
- Carve-outs. The clause explicitly permits actions like construction proceedings or requests for accounting without triggering forfeiture.
What can go wrong
The most common failure is using a no-contest clause without a meaningful inheritance to forfeit. Leaving the at-risk beneficiary one dollar gives them nothing to lose. The second failure is drafting the trigger so broadly that it sweeps in routine probate filings, which Arizona courts then narrow on equitable grounds. The third pitfall is relying on the clause to prevent litigation that has probable cause behind it. Under ARS § 14-2517 and § 14-10113 the clause will not bar that challenge.
Educational only
This page describes how this clause works in general terms. It is not legal advice and not a drafting template. Whether a clause like this belongs in your plan depends on your family, your assets, and your goals. Drafting is performed by partner attorneys we work with.