For further guidance on the question, ‘Can I contest a will containing a no contest clause?’ contact our team of specialist will dispute solicitors for a free consultation. Just call us on 0333 888 0409 or email info@contesting-wills.co.uk.
Yes, you can contest a will that contains a no contest clause (also called a forfeiture clause). In fact we have successfully done so. Instead of receiving just £5,000, our client was awarded £185,000 as a result of the claim we pursued. If you go to the ‘Case Studies’ section of this website then you can read all about the successful no contest clause case.
What is a no contest clause?
A no contest clause contained in a will typically says something like:
“If any beneficiary contests this will or brings a claim against the estate, they shall forfeit their entitlement under this will.”
These clauses are designed to deter people from contesting the will. By threatening to disinherit someone who challenges the will it is believed that they will be dissuaded from doing so, and losing the legacy (usually a modest one) that has been left to them.
However, as in the case referred to above, the difference between the legacy contained in the will, and the sum of money that the beneficiary is legally entitled to can be vast.
Challenging a will that contains a no contest clause
Under English law, a will can be contested, even if it contains one of these clauses.
Wills can be contested on the basis that they are legally invalid. Common grounds include:
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Lack of testamentary capacity
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Undue influence or coercion
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Lack of proper execution (s.9 Wills Act 1837)
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Fraud or forgery
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Lack of knowledge and approval
In addition to this, the provisions of a will can also be challenged by bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you’ve not been left reasonable financial provision. This was the basis upon which we made the claim in the case study referred to above, recovering £180,000 more for our client that had been left for him in the will. To make a claim under the Inheritance Act you must fall within at least one of the categories of applicant specified in the Act. This includes, spouses, children, partners, and financial dependants.
There may also be grounds for challenging the legal enforceability of the clause itself.
How we can help you
If you are a beneficiary under a will that contains a no contest clause and you are unhappy with the financial provision that has been made for you, then don’t be put off. Our Legal 500 recommended will dispute solicitors will be happy to review of your case free of charge and offer guidance on making a legal challenge.
We offer a range of funding options, including our popular No Win No Fee scheme.
