Disinheritance and No-Contest Clauses in California (2025)

The goal of estate planning is to ensure that a person’s wishes are carried out at the time of their passing. Most people drafting an estate plan wish for their belongings to pass to those who formed meaningful connections with them during their lifetime. A typical will or trust provides distributions to family members, friends, and other loved ones. The drafter can rest assured knowing their belongings have passed to those close to them for their future enjoyment.

However, not everyone lives in such a harmonious world. Sometimes carrying out one’s wishes entails specifically disinheriting certain family members or “friends.” Other times, the creator of a trust or will believes that a certain beneficiary will not be satisfied with their inheritance and may attempt to challenge the estate plan, foiling their intent. To ensure that all of a person’s wishes are met, disinheritance clauses and no-contest clauses may be used in their estate plan.

What Is a Disinheritance Clause?

In general, a person wishing to disinherit someone can do so by simply not providing for that person in the will or trust. However, an explicit declaration of intent, a “disinheritance clause,” serves to make the drafter’s intent clear. Rather than leave the disinherited person wondering if their exclusion was a mistake, a disinheritance clause provides a clear statement of purpose.

Sometimes, the creator of an estate plan wishes to state the reasons for the disinheritance. For example, they may want to include a statement that their child is intentionally omitted because they “never took proper care of their goldfish.” Statements like these may not be advisable because circumstances may change, and the disinherited person may want to litigate based on that change. The child in the example above may want to challenge the provision in court because he was taking much better care of the goldfish at the time of his parent’s death.

It is also worth noting the distinction between intentional disinheritance and unintentional omission. California law provides specific protections for heirs who were accidentally left out of an estate plan. For more on how those protections work, see our article on omitted heirs in California estate planning.

What Is a No-Contest Clause in California?

A no-contest clause is a provision included in a will or trust that penalizes a beneficiary for challenging the document in court. Under California Probate Code §21310(c), a no-contest clause is defined as “an otherwise valid instrument that, if enforced, would penalize a beneficiary for filing a pleading in any court.”

In practice, a typical no-contest clause states that any beneficiary who contests the will or trust will forfeit whatever they would have otherwise received. The clause is designed to discourage beneficiaries from filing legal challenges that could delay or frustrate the distribution of the estate.

A no-contest clause only has deterrent value when the beneficiary has something to lose. A person who receives nothing under the will or trust has no financial incentive to comply with such a clause, which is an important limitation discussed further below.

“Contest” itself is a defined term under California law. Probate Code §21310(a) defines it as “a pleading filed with the court by a beneficiary that would result in a penalty under a no-contest clause, if the no contest clause is enforced.”

Enforceability and Limitations of No-Contest Clauses

California has limited the enforceability of no-contest clauses to specific circumstances. A no-contest clause will not act as a broad deterrent for all contests of a trust or will.

Further Reading: Reviewing and Updating Your Estate Plan

Probate Code §21311(a) provides three types of contests in which a no-contest clause will be enforced:

1. A direct contest that is brought without probable cause.
2. A pleading to challenge a transfer of property on the grounds that it was not the transferor’s property at the time of the transfer.
3. The filing of a creditor’s claim or prosecution of an action based on it.

The most important of these limitations is the requirement that a “direct contest” be brought “without probable cause.” Probate Code §21310(b) provides six grounds on which a direct contest may be brought: (1) forgery; (2) lack of due execution; (3) lack of capacity; (4) menace, duress, fraud, or undue influence; (5) revocation; and (6) disqualification of a beneficiary under Probate Code §6112.

Probate Code §21311(b) states that probable cause exists if, at the time of filing, “the facts known to the contestant would cause a reasonable person to believe that there is a reasonable likelihood that the requested relief will be granted after an opportunity for further investigation or discovery.” If a direct contest is brought with probable cause, the no-contest clause will have no effect. Further, if a contestant succeeds in the contest, they will still be granted their sought-after relief.

Returning to the goldfish example: instead of leaving the child with nothing, the parent decides to leave the child with only $100. If the child proceeds with a direct contest without probable cause and loses, he will forfeit his $100 inheritance. However, if the direct contest is brought with probable cause, even if the child loses he will not forfeit the $100. If he wins the contest, he could be entitled to an even larger distribution.

The example above highlights an important limitation of no-contest clauses. If the contestant is not set to receive anything under the trust or will, the no-contest clause will have no deterrent effect. A no-contest clause only works to discourage those who are entitled to some distribution. In the scenario where the child is completely disinherited, a no-contest clause would not work to deter him from contesting the trust.

If you are considering including a no-contest clause as part of a broader estate plan, understanding how wills and trusts work together is an important first step. Our wills and pour-over wills page provides an overview of how these documents function and interact.

Disinheritance and no-contest clauses can be powerful tools when drafting a trust or will; however, they are not perfect. There are many additional limitations on the enforceability of no-contest clauses that could not be covered in the span of a single article. Contact an experienced legal professional to learn more.