No-Contest Clauses
No-Contest (In Terrorem) Clauses
A no-contest clause threatens to disinherit anyone who challenges the will or trust. In Texas these clauses have real teeth — but they are not absolute, and the difference is good faith and just cause.
Risk analysis before you file a will or trust contest
The good-faith / just-cause safe harbor (Tex. Est. Code § 254.005)
Clear answers on what triggers forfeiture and what doesn't
Strategy for beneficiaries and for those defending the clause
Why People Call
The riskiest contest is the one filed without reading the clause
An in terrorem clause is enforceable in Texas, and a misjudged challenge can cost a beneficiary their entire inheritance. But the clause is unenforceable against a contest brought in good faith and with just cause (Tex. Est. Code § 254.005). The line between a protected challenge and a forfeiting one is a legal judgment — make it before you file, not after. Call 214-250-4407.
Evaluating forfeiture risk
Before any challenge, we read the clause itself and weigh whether your proposed action even triggers it. Not every dispute — a request for an accounting, a construction question, or a claim against the estate — necessarily counts as a 'contest' that activates forfeiture.
The good-faith / just-cause safe harbor
Texas will not enforce a no-contest clause against a contest brought in good faith and with just cause (Tex. Est. Code § 254.005). We assess the strength of your evidence — capacity, undue influence, fraud — to gauge whether your challenge fits within that safe harbor before you commit to it.
Defending the clause
On the other side, executors and beneficiaries who benefit from the instrument may need to enforce a no-contest clause against a challenger acting in bad faith. We frame the contest as lacking the good faith and just cause the safe harbor requires.
Structuring a challenge to limit exposure
Sometimes the goal is information, not war. We help beneficiaries pursue legitimate questions in ways that preserve their inheritance, distinguishing a protected inquiry from a forfeiting attack on the instrument.
Good Fit
Cases we are built to handle
You want to contest a will or trust that contains a no-contest clause
You're unsure whether your planned action would trigger forfeiture
You believe you have genuine grounds — capacity, undue influence, fraud
You're an executor needing to enforce a clause against a bad-faith contest
The estate or trust is administered in the DFW metroplex
May Not Need Us
When a full probate lawyer may not be necessary
You want to challenge purely out of anger, with no real grounds
Your inheritance is too small to risk against a forfeiture clause
You've already filed a contest and now want the risk assessed in hindsight
How We Work
Clear next steps before you hire us
We start with a 15-minute attorney consultation to identify whether the estate has a court problem worth solving. If it does, we explain whether the matter fits a flat fee, hourly work, or contingency structure where appropriate.
Read the clause and the claim
We start with the exact language of the in terrorem clause and the action you're considering, because forfeiture turns on whether your specific conduct counts as a 'contest' at all.
Test for good faith and just cause
We assess the evidence behind your challenge against the safe harbor in Tex. Est. Code § 254.005 — an honest belief plus a reasonable factual and legal basis is what keeps a clause from biting.
Advise, then act
With the risk quantified, you decide with open eyes. We then pursue the challenge, negotiate, or defend the clause — Stephan Hwang taking the contested matter to court when it comes to that.
Common Questions
Probate Questions Before You Call
Will I lose my inheritance if I contest the will?
What counts as 'good faith and just cause'?
Does asking for an accounting trigger the clause?
Related Probate Help
Know the risk before you challenge the will
No-contest clauses reward careful counsel and punish guesswork. WG Law will weigh your forfeiture risk and the good-faith safe harbor before you file. Serving McKinney, Southlake, and DFW. Call 214-250-4407.