A ‘no contest’ clause is a clause which is commonly found in Wills, also known as a ‘forfeiture’ clause.
What does a no contest clause do?
A no contest clause aims to discourage disputes over the estate. It typically reads something like:
“If any beneficiary contests this Will, or brings a claim against the estate, they shall forfeit their entitlement under this Will.”
The aim of the clause is clear. It tries to establish that if a beneficiary challenges the Will or its provisions, they will lose their inheritance. The idea being that the risk of losing the legacy is enough to dissuade a possible challenges to the Will.
But that’s not always the case, especially when the difference between what’s left in the Will and what the beneficiary might be entitled to is significant.
Can you challenge a Will that contains a ‘no contest’ clause?
In short, yes. You can challenge a Will that contains a no contest clause, and there are a number of circumstances in which this is possible:
- Undue influence or coercion - where the Will was made under pressure of the individual making the Will was manipulated into doing so.
- Fraud or forgery - If the Will is not genuine
- Want of knowledge or approval - where the person making the Will did not fully understand or approve its contents
- Lack of testamentary capacity - where the person making the Will did not have the mental capacity to understand what they were doing
- Improper execution - where the Will does not meet the formal requirements set out in the laws (Section 9 of the Wills Act 1837)
Are there any other challenges that can be made against a Will?
If a Will is valid, there are circumstances where it can still be challenged (under the Inheritance (Provision for Family and Dependants) Act 1975). This says that if ‘reasonable financial provision’ has not been made in the Will, applications can be made to challenge it. Only certain people can make such a challenge. These are
- Spouses or civil partners
- Children (including adult children)
- Cohabiting partners
- Financial dependants
Can the no contest clause be contested?
In some circumstances, for example when the clause is not clear, it may be possible to challenge the no contest clause itself.
What can you do about a no content clause in a Will?
As this blog demonstrates, the aim of a no contest clause is to prevent disputes. However, as we can also see, there are plenty of valid reasons that a will can be challenged, even if a no contest clause is present.
Our recognised experts in will disputes have many years’ experience in advising on the possibility of making claims against a Will, and helping clients reach a more just income by making challenges.
Please get in touch if you are faced with a question on a Will and the team will be happy to help.