Under the most common rule, which scenario best demonstrates when a no-contest clause is not enforced?

• A. The challenger had probable cause for the contest.
• B. The challenger has no probable cause.
• C. The estate is large.
• D. The will is valid.

Answer: (A)

Under the most common rule, a no-contest clause isn’t enforced when there is probable cause to contest the will. Probable cause means there is a reasonable basis to believe the will may be invalid or that the estate was affected by issues like lack of testamentary capacity, undue influence, or improper execution. In that situation, courts treat the contest as potentially meritorious, so applying the no-contest clause would unjustly penalize someone who has a legitimate concern.

If there is no probable cause, the clause is typically enforced to deter baseless challenges, which is why that scenario doesn’t illustrate why the clause isn’t enforced. The size of the estate or whether the will is valid doesn’t determine enforcement in the same way; the key factor is whether there are credible grounds to challenge the will.