No-Contest Clauses in Pennsylvania Wills

A no-contest (in terrorem) clause says that a beneficiary who challenges the will forfeits their bequest. Pennsylvania enforces them, with one critical exception.

Probable cause defense

Under PA case law (Hunter Estate), a contestant who had probable cause to challenge does not forfeit even if they lose. This significantly weakens the clause.

Drafting

The clause should also forfeit on challenges to executor appointment, asset valuation, and beneficiary identity — not just the will's validity.

Stronger alternative

Pair the clause with a meaningful baseline bequest. A beneficiary who would forfeit $200,000 thinks harder than one forfeiting $1,000.