05/29/2026
Families sometimes add a no-contest clause to a will or trust.
The concept is straightforward.
If a beneficiary challenges the document and loses they receive nothing.
It is designed to discourage litigation.
To protect the wishes of the person who created the plan from being undone by someone who simply disagrees with what it says.
In Texas no-contest clauses are enforceable but the courts apply them carefully.
A challenge brought with probable cause may not trigger the clause.
A challenge brought without it likely will.
Whether a no-contest clause belongs in a plan depends on the family.
For some it is unnecessary.
There is no one likely to object.
For others it is a meaningful protection.
A way of saying: this is what I intended and I have thought carefully about it.
If you have concerns about how your plan might be received that concern is worth raising.
An estate plan can be designed with those dynamics in mind.
Does your plan reflect an honest assessment of your family?