No-Contest Clause Agreement Template
A no-contest clause agreement legally binds your beneficiaries to accept your estate plan or risk losing their inheritance. It discourages frivolous challenges that drain estates and destroy families. This attorney-drafted template creates enforceable forfeiture provisions that protect your wishes after death.
Last Updated: Jan. 22, 2025
What Is the No-Contest Clause Agreement?
A no-contest clause agreement, also called an in terrorem clause, is a legal contract that penalizes beneficiaries who challenge your Will or Trust. Anyone who contests your estate plan forfeits their entire inheritance. The forfeited property goes to other beneficiaries or charities you designate.
This standalone agreement strengthens the no-contest provisions already in your Will or Trust. It proves beneficiaries received advance notice and gave informed consent. Courts view this separate contract as stronger evidence of your intent than a clause buried in estate planning documents.
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Is This No-Contest Clause Agreement Right for You?
You need this agreement if you're:
- Making estate plan changes that could surprise beneficiaries
- Creating unequal distributions among children or family members
- Appointing a trustee some family members might challenge
- Disinheriting someone partially or completely from your estate
- Planning a blended family estate with potential for conflict
- Concerned about a beneficiary's history of litigation
You definitely need this agreement if:
- You're cutting someone's inheritance who might retaliate legally
- Family members have already threatened to contest your plan
- You're choosing one child as trustee over others
- Your estate is large enough to justify expensive litigation
- You've remarried and have children from prior marriages
Still unsure?
If you're making any estate planning decision that could anger a family member, you need this agreement to prevent costly legal battles.
Why Thousands Trust Legal GPS Templates
Save Money. Attorneys charge $1,500-$3,500 for estate planning packages with no-contest provisions. Get the same protection for $35.
Save Time. Download instantly and complete in under an hour. No scheduling appointments or waiting for callbacks.
Look Professional. Attorney-drafted language courts recognize and enforce. Proper legal terminology and formatting throughout.
Keeps You Out of Court. The Scope of Forfeiture provisions specify exactly what beneficiaries lose if they contest. The Protected Actions section lets people ask legitimate questions without triggering penalties. The Burden of Proof clause forces challengers to prove their actions don't violate the agreement.
What's Inside This Template?
No-Contest Provision
Defines exactly what actions constitute a contest, from filing validity challenges to supporting another person's lawsuit. Includes protected actions that won't trigger forfeiture so beneficiaries can ask questions.
Scope of Forfeiture
Details what a contesting beneficiary loses and where their forfeited share goes. Choose between pro-rata redistribution, specific alternates, or charitable gifts based on your goals.
Determination and Enforcement
Creates a 30-day withdrawal period so beneficiaries can reconsider before losing their inheritance. Establishes burden of proof and judicial determination procedures.
Testator's Intent and Construction
Directs courts how to interpret ambiguous situations. Choose whether courts should favor enforcement of the clause or protection of beneficiary rights.
Beneficiary Acknowledgment
Proves beneficiaries received notice, understood consequences, and agreed voluntarily. Documents they're receiving meaningful bequests that make forfeiture deterrent effective.
Redistribution of Forfeited Interest
Controls what happens to a contested share. Options include splitting among remaining beneficiaries, naming specific alternates, or directing to charity.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
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$35
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$39/ month
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| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |
Get Protected in 3 Simple Steps
Step 1: Secure Checkout. Complete your purchase through our encrypted payment system. Instant access to your downloadable template.
Step 2: Instant Download. Receive your no-contest clause agreement immediately as an editable document. Open in Word, Google Docs, or any text editor.
Step 3: Fill In the Highlighted Fields. Complete the bracketed sections with your information. Choose your forfeiture options and redistribution preferences. Have beneficiaries sign with notarization.
Frequently Asked Questions
Can I use this template multiple times?
Yes. Use it each time you update your estate plan or need beneficiaries to acknowledge your no-contest provisions.
Is this contract legally binding?
Yes, when properly executed with notarization. Courts generally enforce no-contest clauses when beneficiaries receive meaningful bequests and sign agreements voluntarily.
Do no-contest clauses work in every state?
Most states enforce them, but a few have restrictions. California, Florida, and Indiana require probable cause exceptions. Connecticut and Rhode Island historically limited them. Check your state law or consult local counsel.
What makes this different from including a no-contest clause in my Will?
This standalone agreement proves beneficiaries had advance notice and gave informed consent. Courts view separate contracts as stronger evidence of intent than clauses buried in estate documents.
How much should I leave beneficiaries to make the forfeiture meaningful?
Each beneficiary should receive at least 10-20% of what they might win by contesting. If someone would get $500,000 through intestacy but your Will leaves them $50,000, the forfeiture threat works.
Can beneficiaries still challenge my executor's actions?
Yes. The Protected Actions section allows objections to executor misconduct, requests for accounting, and good faith questions about administration. Only challenges to the validity of your estate plan trigger forfeiture.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
|
|
|
$35
|
$39/ month
|
| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |