A no-contest clause in a will is meant to discourage legal challenges by stating that anyone who unsuccessfully contests the document may be disinherited. However, things aren’t always so straightforward. Don’t assume your hands are tied if you’re a beneficiary concerned about the fairness or validity of a will.
You can still challenge a will with a no-contest clause without risking your inheritance. Here’s what you need to know.
Washington law protects good-faith contests
Under Washington law, a no-contest clause is not enforceable against a beneficiary who has probable cause to challenge the will. This means that if you have legitimate grounds like undue influence, lack of mental capacity or even fraud, you may still contest the will without losing your inheritance, even if the court doesn’t rule in your favor.
The key is whether your challenge is in good faith and grounded in evidence — not just dissatisfaction with your share of the estate. If the court finds your claim to be baseless or driven purely by emotion or resentment, the no-contest clause could kick in, which means losing whatever you were originally left.
Get informed guidance before taking action
Contesting a will isn’t something to take lightly, especially if there’s a no-contest clause. The line between a good-faith challenge and a risky one can be subtle, and you could lose out on a lot if you’re not careful. That said, you shouldn’t back down out of fear if you believe the will doesn’t reflect the true intentions of your loved one or if you suspect misconduct.
Seeking legal guidance before contesting a will can help you weigh the risks, understand your rights and take the right steps to protect your inheritance.
