The clause 'anyone who contests this will is to receive $100'—which is the most accurate statement about its enforceability?

• A. The court will always enforce it.
• B. The clause is enforceable if the contestant had no probable cause.
• C. The clause is enforceable only if the contestant had probable cause.
• D. The clause is generally not enforced if the contestant had probable cause.

Answer: (D)

A no-contest clause in a will aims to deter people from challenging the will by promising a reward to anyone who contests. But courts balance this against the public policy of allowing legitimate challenges to proceed. When there are probable grounds to contest the will, enforcing the reward would chill a valid claim, so that penalty is generally not enforced in those cases. That’s why, if the contestant had probable cause, the clause is not enforced. The other options aren’t as accurate because they either push for universal enforcement or misstate when enforcement would occur.