A no-contest clause is a provision in a will or trust that penalizes beneficiaries who challenge the document in court. It’s sometimes called an “in terrorem” clause, and the name fits. The penalty is usually severe. Challenge the will or trust and lose? You forfeit your entire inheritance.
These clauses exist for a reason. They protect what the deceased person wanted from getting dragged through years of litigation. They also stop family members from filing baseless challenges just to force a settlement. But here’s what you need to know: no contest clauses don’t guarantee smooth sailing. Montana law recognizes them, but there are real limits on when courts will actually enforce them.
How No Contest Clauses Work Under Montana Law
Montana courts will enforce a no-contest clause if it’s properly written and valid. The clause has to be clear about what triggers the penalty. Common triggers include:
- Filing a lawsuit to invalidate the will or trust
- Claiming the document was signed under duress or undue influence
- Alleging the decedent lacked mental capacity when signing
- Attempting to change how assets get distributed through litigation
Not every action counts as a contest, though. Asking the court to interpret vague language? That usually won’t trigger the clause. Neither will requesting an accounting from a trustee or questioning whether an executor is doing their job properly. Billings Probate Litigation lawyers can review the specific language in your situation and tell you whether your concerns would actually be considered a challenge. What happens if you violate the clause depends on what the document says. Most clauses state that challengers lose everything. Some reduce the inheritance to a token amount, like a dollar. Others redirect the forfeited share to different beneficiaries or a charity.
When You Can Still Challenge Despite The Clause
Montana law provides exceptions that let you challenge a will or trust even when there’s a no-contest clause. The most important one is probable cause. If you’ve got a good faith belief and reasonable grounds to think the document isn’t valid, you can file a challenge without automatically losing your inheritance. Probable cause means you’ve got legitimate evidence backing up your claim. Maybe there’s medical documentation showing the person lacked capacity when they signed. Perhaps witnesses saw someone pressuring the decedent to change their estate plan. Courts look at what you knew before you filed, not whether you eventually win. Another exception involves forgery or later revocation. If you believe someone forged the document or that a newer version exists, those claims typically don’t trigger a no-contest clause. You’re also protected if you’re challenging the validity of the clause itself.
Risks Of Challenging A Will Or Trust
Even with the probable cause exception, contesting an estate plan is risky business. You’ve got to prove you had reasonable grounds for the challenge. If the court disagrees? You lose your inheritance. That’s true even if your challenge came close to succeeding. The decision often comes down to what you stand to lose versus what you might gain. If you’re only set to inherit a modest amount anyway, the risk might be worth taking. But if you’re a major beneficiary, the stakes are much higher. You also need to think about the strength of your evidence and whether other beneficiaries will back you up. Litigation isn’t quick or cheap. Even with probable cause, you’re looking at months or years in court. Attorney fees pile up fast. Some estate plans even include provisions requiring challengers to pay the estate’s legal costs if they lose. Billings Probate Litigation lawyers can evaluate whether your situation justifies the risk and expense involved.
Protecting Your Rights As A Beneficiary
If you believe a will or trust was improperly executed or influenced, document everything before you do anything else, and talk to an attorney who handles probate disputes before you file anything with the court. Sometimes the smarter move is negotiating with other beneficiaries or the executor. You might be able to resolve the whole thing without formal litigation. That avoids triggering the no-contest clause entirely. Other times, you need to move forward with a challenge to protect your rights and honor what you truly believe the decedent wanted. Silverman Law Office, PLLC represents beneficiaries and personal representatives in probate disputes throughout Montana. We help clients understand their options when they’re facing questionable estate planning documents. Contact our firm to discuss your situation and figure out the best path forward.