Do the Texas probate courts enforce no-contest clauses?

Those putting together an estate plan often want to leave a very specific legacy. They might set aside assets for people who feel an emotional attachment to their belongings. They may also structure their legacy in a specific way based on their relationships with different family members.

Testators have the right to control what happens to their property when they die, and those who have made the effort to clearly outline their wishes in a valid Texas estate plan may worry that conflict among their beneficiaries will ultimately influence what everyone inherits. Some testators decide to include no-contest clauses in their estate plans. Their beneficiaries may then have second thoughts about speaking up regarding issues with the contents of the documents.

The courts evaluate contests on a case-by-case basis

In theory, Texas probate judges can enforce no-contest clauses or penalty clauses when a beneficiary brings a challenge against someone’s estate plan. Whether they choose to do so or not will depend on the details of the circumstance. The intent of the person bringing the challenge will have a major impact on what a probate court judge decides to do. If the judge believes that the intent was to undermine a testator’s wishes regarding the distribution of their assets and that someone did not act in good faith, they might very well enforce the no-contest clause.

A no-contest or penalty clause can potentially strip someone of their inheritance rights, and judges would often prefer to avoid that extreme outcome whenever possible. There are, therefore, a handful of circumstances in which it will contest or challenge in probate court does not result in someone losing their inheritance rights. If someone had just cause and acted in good faith, the courts may not enforce the no-contest clause.

A careful review of the circumstances, including the reason that someone believes litigation is necessary, can help them more reasonably predict whether or not the courts might enforce the no-contest clause that applies in their case. Learning about Texas state law and key probate court rulings from prior cases may help people better understand what to expect in a challenging probate scenario.