Discourages challenges by forfeiting a beneficiary's share if they sue.
In short. A no-contest clause says a beneficiary who challenges the will or trust forfeits whatever the document left them. It only bites against people who would otherwise inherit, and Arizona enforces it only when the challenge lacks probable cause.
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.
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 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.
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.
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.
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.