Arkansas Court Enforces No-Contest Clause After Beneficiary Challenges Lost Will

In Duvall v. Duvall, the court affirmed enforcement of a no-contest clause (also called an in terrorem clause) against a son who challenged the validity of his father’s later will — even though he argued he was only questioning whether the will legally existed. The decision is an important reminder about the risks of filing a will contest in Arkansas.

The Background: Two Wills, Two Very Different Outcomes

Philip Duvall died in January 2022.

The 2009 Will

• Left the estate equally to both sons.
• Named Duane (one son) as executor.
• Was admitted to probate shortly after Philip’s death.

The Alleged 2021 Will

• Revoked all prior wills.
• Left Duane “substantially less.”
• Contained a no-contest clause.
• Was presented as a lost will (the signed original could not be produced).

Greg, the other son, petitioned to probate the 2021 will as a lost will under Arkansas law. Duane objected, arguing:

• The copy attached was unsigned and unwitnessed.
• It did not comply with Arkansas statutory requirements.
• No validly executed will had been produced.

After a hearing, the circuit court admitted the 2021 will to probate as a valid lost will and set aside the 2009 will.

Duane did not appeal that ruling.

The No-Contest Clause

The 2021 will included a typical no-contest provision:

If any beneficiary contests any provision of this Will in court, that person forfeits all benefits under the Will.

Nearly a year after the will was admitted to probate, Duane filed a motion to set aside the order admitting the 2021 will.

Greg then moved to enforce the no-contest clause.

The circuit court agreed — and disinherited Duane.

Duane appealed.

Are No-Contest Clauses Enforceable in Arkansas?

Yes.
Arkansas courts have long upheld no-contest clauses, though they are strictly construed because they result in forfeiture.

The Court of Appeals relied heavily on two prior Arkansas cases:

• Seymour v. Biehslich – addressing indirect contests
• Sharp v. Sharp – addressing direct contests

In Sharp, the court held that there is no good-faith exception when someone files a direct challenge to a will that contains a no-contest clause.

The Key Legal Question

Duane framed the issue this way:

Is merely questioning whether a will complies with Arkansas statutory requirements enough to trigger a no-contest clause?
He argued:

• He was fulfilling fiduciary duties as executor of the earlier will.
• He was not challenging any specific provision of the 2021 will.
• Public policy should not punish an executor for requiring proof of validity.

The Court of Appeals disagreed.

Direct vs. Indirect Will Contests in Arkansas

The court drew an important distinction:

1. Indirect Contest
   Challenging the will before it is admitted to probate.
2. Direct Contest
   Challenging the will after it has been admitted to probate.Even if Duane’s early objections might have been considered indirect, the court focused on what happened later.
   After:
   • The 2021 will had been admitted to probate,
   • The 2009 will had been revoked,
   • Duane was no longer executor,
   • And no appeal had been filed,

Duane filed a motion to set aside the probate order.

That filing was a direct challenge to the will itself.

Under Sharp, there is no good-faith exception to a direct will contest.

The no-contest clause was triggered.

What This Means for Arkansas Will Contests

This case sends a clear warning:

1. Challenging a Will Carries Real Risk
   If a will contains a no-contest clause, an unsuccessful challenge may result in complete forfeiture.
2. Timing Matters
   Once a will is admitted to probate and not appealed, later challenges are especially dangerous.
3. Lost Wills Are Recognized in Arkansas
   Arkansas law allows a properly proven lost will to be admitted to probate.
4. Good Faith May Not Protect You
   Arkansas does not recognize a good-faith exception for direct will contests.

Practical Takeaways

If you are:

• A beneficiary considering challenging a will
• An executor faced with a later-discovered will
• Involved in a dispute over a lost will
• Concerned about a no-contest clause

You should obtain legal advice before filing anything in court.

The difference between preserving your inheritance and forfeiting it may depend on procedural timing and strategic decisions made early in the case.