No-contest clauses, also called in terrorem clauses, are meant to scare heirs away from challenging a will. In Georgia, these clauses are legal and can cut someone out of an inheritance if they sue. However, recent court decisions show that these clauses don’t always hold up, especially when someone has a legitimate reason to challenge the document.

What Georgia Law Actually Says About No-Contest Clauses

Georgia allows no-contest clauses in wills and trusts, but they must include instructions for what happens to the forfeited share if the clause is triggered. The courts also apply a rule called strict construction. That means the clause is only enforced if the heir’s actions clearly break the rules written into it.

Unlike many other states, Georgia doesn’t offer a “probable cause” exception. That means even if someone has a good reason to contest a will, like fraud or undue influence, they still risk losing their inheritance unless their challenge actually wins.

Key Cases That Changed How Courts View These Clauses

In Slosberg v. Giller (2022), the Georgia Supreme Court ruled that a no-contest clause couldn’t be enforced because the will itself was found to be the product of undue influence. Since the whole document was invalid, so was the clause.

Two Georgia Court of Appeals cases from 2020 also show how facts matter. In In re Estate of Penland, the court reversed a probate ruling that disinherited a son who delayed payments from the estate. Since he was acting as co-executor, and not just as a beneficiary, the court said the clause didn’t apply.

On the other hand, in Barry v. Barry III (2020), the court upheld a no-contest clause after finding that a daughter’s repeated legal moves were made in bad faith. She tried to block her brother (the executor) at every turn, and the court said her actions invoked the no-contest clauses.

We Help Georgia Heirs Understand Their Rights Before Taking Legal Action

At The Williams Litigation Group, we help clients figure out whether they can challenge a will without losing their inheritance. No-contest clauses can be tricky, but they don’t always win in court, especially when something’s clearly wrong with the will. Contact us today to talk through your situation with an experienced legal team.