Does enforcement of a no-contest clause depend on the type of challenge?

• A. Yes
• B. Only if lack of capacity
• C. Only if fraud
• D. No

Answer: (D)

A no-contest clause is designed to discourage any challenge to the validity of a will or trust, and enforcement is tied to the act of contesting, not the reason behind it. In practice, once a beneficiary files a contest, the clause commonly triggers and the contestant may forfeit their inheritance, regardless of whether the challenge is based on lack of capacity, fraud, or undue influence. Courts generally apply the clause broadly to the contest itself, though some jurisdictions may recognize limited exceptions; however, the typical rule is that the type of challenge does not determine whether enforcement applies.