No. A no contest clause does not prevent a beneficiary from challenging a will or trust. It simply means that certain actions, such as bringing a direct contest, filing a creditor claim, or challenging property transfers on grounds the transferor didn’t own the property at the time of transfer, may carry the risk of forfeiture if the clause is triggered.
If a beneficiary has probable cause (meaning sufficient evidence suggesting the document may be invalid), a direct contest may be able to proceed without necessarily risking the beneficiary’s inheritance. However, if a challenge is brought without adequate supporting evidence, it may result in enforcement of the clause and loss of inheritance.
Because the risks can be significant, it is generally advisable to consult with a probate attorney before bringing any claim involving a no contest clause.
