No-Contest Clause

The clause creates a financial risk for challengers. A beneficiary unhappy with their share must weigh the possible gain against losing everything. This makes frivolous or emotion-driven challenges far less likely.

Arizona courts have generally upheld no-contest clauses. Enforcement depends on the facts of each case. A beneficiary who files based on real concerns may see different results. Examples include proven undue influence or lack of capacity. Someone who challenges simply out of disappointment faces a higher risk of forfeiture.

A no-contest clause is especially powerful in a trust. Trusts do not go through probate. A challenger must file a brand-new lawsuit and pay their own legal costs. They also risk forfeiting their inheritance. In contrast, wills go through probate. That open court process makes challenges easier to start.