A no-contest clause, also called an in terrorem clause, is a provision in a will or trust that disinherits any beneficiary who challenges the document in court. It discourages costly litigation like the fight over B.B. King's estate, though a few states, including Florida and Indiana, void these clauses by statute.
The late blues legend B.B. King left behind a remarkable musical legacy that continues to inspire generations of musicians and fans. His music brought blues to the masses and had a profound influence on rock and roll. He invented the dance "the twist" and had a lifelong relationship with his best friend, his guitar nicknamed "Lucille." He won 15 Grammy awards and inspired artists like Eric Clapton. King died in May 2015 after several years of health struggles.
King's passing left his estate in disarray, even though he had an estate plan in place. King had at least 15 children and many grandchildren he cared for. His family is now divided over whether the trustee took advantage of King and mismanaged their inheritance. By all accounts, King took good care of his family while he was alive. Could anything have been done to prevent the inheritance dispute? A well-drafted online will paired with a no-contest clause is one of the simplest ways to head off exactly this kind of family fight.
The B.B. King Case
B.B. King had a complicated family dynamic that included multiple wives and children. His estate was valued at around 5 million dollars at his death, though his children have argued the true value of his music catalog and business interests runs into the tens of millions given how music rights have appreciated since his passing. King lived a long life and died at age 89. Unfortunately, at his advanced age, his mental abilities started to fade. He also struggled with diabetes and had several strokes. All of these complications made King a target for elder abuse allegations and inheritance disputes. But did his longtime business manager really take advantage of King and ignore his wishes?
King was married twice but claimed at least 15 children by 15 different women, and 11 survived him. King set up a trust fund for his family designed to support them for life. When he was alive, he paid for their education, visited them in prison when needed, and offered financial help whenever they asked. His longtime business manager, LaVerne Toney, was named trustee. In 2007, Toney was given authority over King's medical care, and in 2011, King gave Toney control over his business affairs and named him power of attorney. The King heirs were satisfied with this arrangement. However, unbeknownst to them, King changed the trust terms in 2014, leaving each family member a few thousand dollars plus costs for their own education and their children's education.
When King died, some family members alleged that Toney and King's assistant coerced him into changing the trust terms and mismanaged estate assets. Local authorities investigated the allegations and found no wrongdoing. The resulting lawsuits split the family into factions. Some of King's children and grandchildren opposed the litigation entirely. His grandson Christopher, a former Marine, told the Hollywood Reporter that his grandfather "was cutting things off little by little as he got older; he knew he wanted his estate to be flourishing after he was gone." Years after King's death, the dispute has still not fully settled, which has likely delayed the estate from capitalizing on his music catalog.
What could B.B. King have done to prevent this fighting? He could have created separate trusts for each family member, but that would have been complex and costly to maintain. A simpler option was a no-contest clause.
Understanding the No-Contest Clause
A no-contest clause is a provision in a will or trust that disinherits a beneficiary who contests the document, according to Cornell Law School's Legal Information Institute. "In terrorem" literally means "in fear" in Latin, and the clause is meant to instill enough fear of disinheritance that heirs think twice before suing.
A standard no-contest clause, as described in legal scholarship on the topic, reads something like this: "If any beneficiary under this will in any manner, directly or indirectly, contests or attacks this will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this will is revoked." Legal researchers David Horton and Reid Kress Weisbord examined how common these clauses have become in their study, Boilerplate No Contest Clauses, published by Duke University's Law and Contemporary Problems journal.
Courts and legislatures do not agree on how far a no-contest clause should reach. Some states enforce them broadly to discourage family conflict. Others limit or void them out of concern that a testator's family members could be unfairly disinherited for raising a legitimate concern. In the King case, a strong argument could have been made that a no-contest clause was justified given the size and complexity of his family.
Benefits of a No-Contest Clause
The main benefit of a no-contest clause is that it reinforces the intent of the person who wrote the will. It acts as a safeguard, discouraging beneficiaries from challenging your estate plan and helping ensure your assets go where you intended.
No-contest clauses can also discourage family conflict before it starts. Contentious legal battles strain family relationships and drain the estate's assets, exactly what happened with the King estate. Litigation is financially and emotionally draining, so a no-contest clause can help move the probate process along and reduce legal expenses. By adding one to your will or trust, you promote harmony among beneficiaries and encourage them to resolve concerns without a lawsuit.
Drawbacks and State-by-State Enforceability
No-contest clauses have real limits, and the rules vary significantly by state, so check your state's law before relying on one. Florida and Indiana void no-contest clauses by statute, meaning they will not be enforced there no matter how the will is worded. Many other states, including California, will not enforce the clause if the person challenging the will acted in good faith and had probable cause for the challenge. Georgia generally requires the will to spell out how property will be distributed if the clause is triggered. New York courts have declined to enforce clauses that try to stop a beneficiary from questioning a trustee's or executor's conduct, since that would work against what the person writing the will actually wanted.
A no-contest clause also does not block every kind of legal challenge. Your heirs can still challenge how an executor or trustee is administering the estate. In the King case, a no-contest clause probably would not have barred a challenge to Toney's management of the trust assets. And if someone is already excluded from the will entirely, a no-contest clause has no effect on their ability to sue for inclusion. After King's death, for example, two people came forward claiming to be his children and seeking a share of the estate through a paternity claim. B.B. King is not the only musician whose family fought over an estate; Robin Williams' widow and children ended up in a similar dispute, which you can read about in how Robin Williams' widow tried to derail his will.
How FastWill Helps You Protect Your Estate
If your own family situation is complicated, whether from multiple marriages, several children, or a business you want to keep intact, a no-contest clause is worth discussing as part of a complete plan. You can build your will online with FastWill and add the provisions that fit your family, then confirm with your state's rules or a local attorney before you finalize anything unusual like a no-contest clause.
Frequently Asked Questions
What is a no-contest clause in a will?
A no-contest clause, or in terrorem clause, is language in a will or trust stating that any beneficiary who challenges the document in court forfeits their share of the estate.
Is a no-contest clause enforceable in every state?
No. Florida and Indiana void no-contest clauses by statute. Many other states enforce them only if the person challenging the will lacked probable cause or good faith for the challenge, so you should check your state's law.
Can a no-contest clause stop every legal challenge to an estate?
No. It typically only applies to direct challenges to the validity of the will or trust itself. It usually does not stop claims about how an executor or trustee is managing the estate, and it has no effect on someone who was never named as a beneficiary in the first place.
What happened to B.B. King's estate?
B.B. King's family split into factions after his death, with some children alleging his longtime business manager and trustee mismanaged the estate. Local authorities investigated and found no wrongdoing, but the dispute took years to resolve.
Should I add a no-contest clause to my will?
It can help if you expect family conflict, such as with blended families, unequal bequests, or a business that needs to stay intact. Confirm your state permits it and word it carefully, since a poorly drafted clause can create the very disputes it is meant to prevent.
Conclusion
B.B. King knew his family situation was volatile, and his business managers likely knew it too, but no one built in the safeguards that might have prevented the fallout. If a no-contest clause or a more detailed estate plan is something you have been putting off, you can start your will with FastWill today and add the protections your family needs.
