What is a No Contest Clause?

A no contest clause in a will typically says something along the lines of:

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“If any beneficiary contests this will or brings a claim against the estate, they shall forfeit their entitlement under this will.”

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These clauses are designed to discourage people from challenging a will. The idea is simple: by threatening to disinherit anyone who disputes it, beneficiaries will think twice before doing so — especially if they stand to lose a modest legacy.

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However, the difference between what a person is left in the will and what they are legally entitled to can sometimes be substantial.

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How to Challenge a Will

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Under English law, it’s still possible to contest a will even if it includes one of these clauses.

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A will can be challenged on the grounds that it is legally invalid, such as:

• Lack of testamentary capacity
• Undue influence or coercion
• Lack of proper execution (s.9 Wills Act 1837)
• Fraud or forgery
• Lack of knowledge and approval

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In addition, claims can be made under the Inheritance (Provision for Family and Dependants) Act 1975 if the will doesn’t leave reasonable financial provision. To bring an Inheritance Act claim, you must fall within one of the eligible categories — such as a spouse, child, partner, or financial dependant.

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There may also be situations where the clause itself can be challenged for being legally unenforceable.

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If you have any questions regarding how we can help you, please do not hesitate to get in touch.