Few things can strain family relationships like a fight over a loved one’s will. Disagreements can drag on for months, draining both emotions and finances. One tool some people use to discourage these disputes is a no-contest clause—but can it really stop someone from challenging your wishes in New Jersey?
Also known as an in terrorem clause, this provision threatens to disinherit anyone who contests a will without good reason. New Jersey law allows these clauses, but they are not foolproof. Here’s what you need to know about how they work, their limits, and whether including one makes sense for your estate plan.
What a No-Contest Clause Does
The main purpose of a no-contest clause is to deter challenges by creating a high risk for anyone thinking about filing a lawsuit. In simple terms, if a beneficiary challenges the will and loses, they forfeit whatever inheritance they were originally left.
People often include these provisions to:
- Reduce the likelihood of costly legal disputes
- Ensure the testator’s (will-maker’s) wishes are respected
- Encourage family members to settle disagreements without going to court
In New Jersey, these clauses are generally enforceable, but only if certain conditions are met. For example, the will must be valid under state law, and the challenge must be made without “probable cause.”
Limits Under New Jersey Law
While New Jersey recognizes no-contest clauses, the law also places important limits. A court will not enforce the clause if the person bringing the challenge had probable cause to believe the will was invalid.
Probable cause might exist if there is credible evidence of:
- Undue influence over the testator
- Fraud or forgery
- Lack of testamentary capacity at the time the will was signed
- Failure to meet the formal requirements for executing a will in New Jersey
This means that someone with a legitimate concern about the will’s validity can still bring a challenge without automatically losing their inheritance.
Why a No-Contest Clause May Help—but Not Always
Used strategically, a no-contest clause can be a strong deterrent, particularly when a beneficiary stands to receive a meaningful inheritance. Losing that inheritance may be enough to discourage them from taking the risk.
However, these provisions are less effective when:
- Minimal bequests: If a beneficiary is only left a small amount, they may feel they have little to lose by challenging the will.
- Non-beneficiaries: People left out of the will entirely are not deterred because they have nothing to lose.
- Strong evidence of wrongdoing: When there’s probable cause, a court may allow the challenge to proceed despite the clause.
Balancing Protection and Family Harmony
Including a no-contest clause can send a clear message that you want your wishes honored. But it’s only one part of preventing disputes. Other proactive steps can also help protect your estate and reduce conflict, such as:
- Making sure your will is properly drafted and executed under New Jersey law
- Communicating your wishes to your family during your lifetime
- Updating your estate plan after major life changes
- Considering the use of trusts or other planning tools in addition to a will
By combining legal safeguards with open communication, you can make it harder for disputes to arise and easier for your family to honor your wishes.
The Bottom Line on No-Contest Clauses in New Jersey
A no-contest clause can discourage will contests, but it cannot guarantee that no one will try to challenge your estate plan. In New Jersey, these clauses are enforceable only when a challenge is brought without probable cause. They are most effective when used alongside a well-drafted will and other estate planning strategies that address potential points of conflict.
Seeking Guidance on No-Contest Clauses in New Jersey
If you are considering adding a no-contest clause to your will, or if you believe a will you’re involved with is unfair or invalid, it’s important to understand your rights under New Jersey law. At E.A. Goodman Law, we will help you protect your wishes, address potential challenges, and create an estate plan that reflects your intentions.
Contact us today to discuss your situation and learn how we can help.
Posted in: Wills