No-Contest Clauses in Wills and Grounds for Disinheriting an Heir
The purpose of a will is to provide a clear directive regarding how a person’s property will be distributed after death. The law permits a testator to include various conditions in the will, one of which is a no-contest clause. In certain circumstances, this clause can result in the disinheritance of an heir who challenges the will — making it a powerful mechanism for discouraging disputes over the estate.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What Is a Will?
A will is a legal document expressing an individual’s wishes regarding the distribution of their property after death. Because most people leave behind assets that must be transferred to new owners, the Inheritance Law allows every person to create a distribution plan. However, this plan is subject to specific legal requirements designed to ensure that the will authentically reflects the testator’s true intentions.
What Is a No-Contest Clause in a Will?
The no-contest clause derives from Section 44(a) of the Inheritance Law, which allows a testator to stipulate that some or all heirs will forfeit their inheritance if a specified condition is met. Specifically, a no-contest clause provides that if any heir challenges the implementation of the will, that heir will be disinherited and lose their share of the estate.
“A no-contest clause is not automatically void. It is given validity based on the considerations that support it. If an heir challenges the will with frivolous claims and in bad faith, the clause should be upheld. However, it should not be enforced when the objection is based on a reasonable and legitimate ground, raised in good faith. This approach maintains a proper balance between competing interests — it discourages heirs from raising baseless and dishonest claims while protecting those with legitimate concerns. This balanced interpretation promotes the true will of the testator. A no-contest clause applies, but it will not be enforced where the heir objects in good faith and on reasonable grounds.”
Drafting the No-Contest Clause
The wording of a no-contest clause should ideally be drafted by an attorney who specializes in will preparation. The clause typically includes an instruction from the testator requiring that the will be respected and carried out as written. It states that if any heir contests the will — for example, by filing an objection to its execution — this will constitute a triggering condition under Section 44(a) of the Inheritance Law, resulting in the forfeiture of that heir’s share.
Why Include a No-Contest Clause in a Will?
One of the primary concerns of anyone drafting a will is the possibility of disputes arising among heirs after the testator’s death. Such conflicts are extremely common — even when the estate is relatively modest and the number of heirs is limited, and all the more so when the inheritance is substantial and involves multiple beneficiaries. The law permits heirs, and even non-heirs, to file an objection to the execution of a will, which can significantly delay the distribution of the estate. Including a no-contest clause serves as an effective deterrent, discouraging heirs who feel disadvantaged by the asset distribution from challenging the will. The clause creates a meaningful risk: any heir who contests the will may lose their entire share of the inheritance.
Conditions for Disinheriting an Heir Under a Will
As noted above, a no-contest clause can provide that if an heir challenges the execution of the will, and if that challenge is determined to have been brought in bad faith, the objecting heir will be disinherited. However, although this mechanism is grounded in a statutory provision allowing the testator to protect the will from challenges, it must be evaluated alongside other legal rules governing testamentary dispositions. Disinheritance can be triggered by various conditions — not exclusively by contesting the will. For detailed information about the different types of disinheritance provisions that can be included in a will, consult an experienced inheritance law attorney.
When a Court May Accept an Objection Despite the No-Contest Clause
The rules governing the evaluation of a will are derived from the Inheritance Law and Supreme Court rulings addressing no-contest clauses. A will is given legal effect when it reflects the genuine wishes of the testator, contains no fundamental defects, and does not contravene public policy. If the court finds that the will contains irremediable defects or that there is doubt about whether it truly reflects the testator’s intent — based on a legitimate objection by an heir — the no-contest clause may not be enforced. For more information, consult an attorney specializing in wills and inheritance law.
Exceptions to Enforcing a No-Contest Clause
Israeli law seeks to prevent situations in which an heir who raises a good-faith objection to a will is penalized through disinheritance. Accordingly, an heir will only be disinherited under a no-contest clause if the objection is both rejected by the court and found to have been brought in bad faith.
Including a No-Contest Clause — Consult an Inheritance Law Attorney
A no-contest clause serves as an effective safeguard, signaling to heirs that they must respect the testator’s wishes. At Mor & Co. Law Firm, we specialize in drafting wills that incorporate no-contest clauses in a professionally sound manner, fully compliant with Israeli inheritance law and applicable case law.
The inheritance law department at Mor & Co. Law Firm has over 15 years of experience handling complex estate and inheritance cases. Our attorneys provide skilled representation and litigation in court, drawing on deep expertise in the field.
We are committed to making our extensive experience available to every client while carefully managing all aspects of the legal process and protecting your interests.
Contact us for legal advice on wills or objections to wills:
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We invite you to consult with us on matters related to inheritance law and wills.
A no-contest clause (NCC), also known as an in terrorem clause, is a provision included by a testator in a will that strips a beneficiary of their inheritance if they challenge the will after the testator’s death.