No-Contest Clauses

No-Contest (In Terrorem) Clauses

A no-contest clause threatens to disinherit anyone who challenges the will or trust. In Texas these clauses have real teeth — but they are not absolute, and the difference is good faith and just cause.

Free Probate Case Review 214-250-4407

Risk analysis before you file a will or trust contest

The good-faith / just-cause safe harbor (Tex. Est. Code § 254.005)

Clear answers on what triggers forfeiture and what doesn't

Strategy for beneficiaries and for those defending the clause

Why People Call

The riskiest contest is the one filed without reading the clause

An in terrorem clause is enforceable in Texas, and a misjudged challenge can cost a beneficiary their entire inheritance. But the clause is unenforceable against a contest brought in good faith and with just cause (Tex. Est. Code § 254.005). The line between a protected challenge and a forfeiting one is a legal judgment — make it before you file, not after. Call 214-250-4407.

Evaluating forfeiture risk

Before any challenge, we read the clause itself and weigh whether your proposed action even triggers it. Not every dispute — a request for an accounting, a construction question, or a claim against the estate — necessarily counts as a 'contest' that activates forfeiture.

The good-faith / just-cause safe harbor

Texas will not enforce a no-contest clause against a contest brought in good faith and with just cause (Tex. Est. Code § 254.005). We assess the strength of your evidence — capacity, undue influence, fraud — to gauge whether your challenge fits within that safe harbor before you commit to it.

Defending the clause

On the other side, executors and beneficiaries who benefit from the instrument may need to enforce a no-contest clause against a challenger acting in bad faith. We frame the contest as lacking the good faith and just cause the safe harbor requires.

Structuring a challenge to limit exposure

Sometimes the goal is information, not war. We help beneficiaries pursue legitimate questions in ways that preserve their inheritance, distinguishing a protected inquiry from a forfeiting attack on the instrument.

Good Fit

Cases we are built to handle

You want to contest a will or trust that contains a no-contest clause

You're unsure whether your planned action would trigger forfeiture

You believe you have genuine grounds — capacity, undue influence, fraud

You're an executor needing to enforce a clause against a bad-faith contest

The estate or trust is administered in the DFW metroplex

May Not Need Us

When a full probate lawyer may not be necessary

You want to challenge purely out of anger, with no real grounds

Your inheritance is too small to risk against a forfeiture clause

You've already filed a contest and now want the risk assessed in hindsight

How We Work

Clear next steps before you hire us

We start with a 15-minute attorney consultation to identify whether the estate has a court problem worth solving. If it does, we explain whether the matter fits a flat fee, hourly work, or contingency structure where appropriate.

Read the clause and the claim

We start with the exact language of the in terrorem clause and the action you're considering, because forfeiture turns on whether your specific conduct counts as a 'contest' at all.

Test for good faith and just cause

We assess the evidence behind your challenge against the safe harbor in Tex. Est. Code § 254.005 — an honest belief plus a reasonable factual and legal basis is what keeps a clause from biting.

Advise, then act

With the risk quantified, you decide with open eyes. We then pursue the challenge, negotiate, or defend the clause through contested proceedings when necessary.

Common Questions

Probate Questions Before You Call

Will I lose my inheritance if I contest the will?

Not automatically. Tex. Est. Code § 254.005(a) makes a forfeiture clause enforceable unless, in a court action determining whether it should be enforced, the person who brought the challenged action establishes by a preponderance of the evidence both that just cause existed for bringing the action and that the action was brought and maintained in good faith. Read the structure carefully: the clause is presumed good, and the burden of proving the exception sits on you. Whether your challenge clears both elements is exactly the analysis to do before filing, not after.

What counts as 'good faith and just cause'?

Broadly, an honest belief that the challenge is justified, supported by a reasonable factual and legal basis — not a baseless or purely retaliatory filing. We evaluate the strength of your evidence on issues like capacity, undue influence, or fraud to judge whether you qualify.

Does asking for an accounting trigger the clause?

Often not, and the statute says so directly. Tex. Est. Code § 254.005(b) provides that the section does not repeal any law recognizing that forfeiture clauses generally will not be construed to prevent a beneficiary from seeking to compel a fiduciary to perform the fiduciary's duties, from seeking redress against a fiduciary for a breach of those duties, or from seeking a judicial construction of a will or trust. Asking an executor to account, or asking a court what an ambiguous provision means, is ordinarily not the kind of 'contest' that triggers forfeiture. The clause's exact wording still controls, which is why we read it before you send anything.

Related Probate Help

Probate Litigation Overview

Overview of how WG Law handles contested estates and trust disputes in DFW.

Undue Influence

A common ground for a will contest — and for clearing the good-faith safe harbor.

Testamentary Capacity

Whether the testator had capacity, a frequent basis for a just-cause challenge.

Know the risk before you challenge the will

No-contest clauses reward careful counsel and punish guesswork. WG Law will weigh your forfeiture risk and the good-faith safe harbor before you file. Serving McKinney, Southlake, and DFW. Call 214-250-4407.

Free Probate Case Review Call 214-250-4407