Sometimes people who make a will include what is known as a “no contest clause” This will often say something like – “I leave you £10,000 but if you challenge my will to try to get more then you can’t have the £10,000”.
Whilst these types of clauses can have some effect, they can be highly technical. Some will preparers “get it wrong” so the clause is invalid anyway.
At times these clauses are a blatant attempt to stop someone getting what they deserve – for example a much bigger share if the will is invalid or if there is a claim for reasonable provision under the Inheritance Act.
Don’t be scared if you see such a clause.
Talk to us. We’re not scared, and we can tell you if you have a good case.
Free Initial Consultation
Transparent Pricing
Specialist Executor Disputes Solicitors
Proven Track Record of Successful Claims
4.6/5 | 650 Satisfied Customer Reviews
A no contest clause is a provision in a will that says a beneficiary will forfeit some or all of their inheritance if they challenge the will and lose.
These clauses are often used where:
The testator leaves unequal shares between children or family members
A relative is left only a modest or nominal gift
There is concern about potential disputes or resentments after death
The aim is to discourage litigation and encourage beneficiaries to think very carefully before issuing a claim.
Complete the form below or contact us directly. Our solicitors will review your situation and confirm your eligibility in a free consultation.
In England and Wales, no contest clauses can be legally effective, but they are not absolute. Courts will look very carefully at:
Whether the will is valid and properly executed
Whether the will makes reasonable financial provision (for example under the Inheritance (Provision for Family and Dependants) Act 1975)
The exact wording of the no contest clause
Whether the person bringing the claim has genuine grounds
If a challenge is successful and the will (or part of it) is found to be invalid, the no contest clause will usually fall away with it.
However, if a claim is weak or speculative, the court may enforce the clause so that the beneficiary loses their inheritance, and they may also face an adverse costs order.
If you would like to discuss a matter or require some more information please contact us via phone or email to arrange a free no obligation consultation.
We regularly advise clients in situations such as:
You may be:
Concerned that the will is unfair or suspicious
Worried about undue influence, lack of capacity or forgery
Unsure whether you can still bring an Inheritance Act claim for reasonable financial provision
You need clear advice on:
How strong your potential claim is
The likelihood of the clause being enforced
What you could realistically gain or lose
As an executor, you may have:
A beneficiary threatening to bring a claim despite the clause
Duties to all beneficiaries, including those who do not want a dispute
Concerns about personal liability and the costs of litigation
We can advise you on your duties, correspondence with beneficiaries and when to seek the court’s guidance.
Yes – a no contest clause does not automatically prevent you from challenging a will. But you must weigh the risks very carefully.
You may still be able to:
Contest the validity of the will (for example, lack of capacity, undue influence, lack of knowledge and approval, or improper execution)
Bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you have not been left reasonable financial provision
The key questions are:
Do you have strong evidence?
Is the potential gain worth the risk of losing your inheritance?
How is the clause drafted? Some clauses only apply to certain types of claim or certain beneficiaries.
This is where specialist advice is critical.
At NJS Law, our will dispute team can:
Review the will and clause wording in detail
Advise you on the strength of your claim and possible outcomes
Explain the practical risks of triggering the clause
Help you explore negotiation and settlement to limit risk
Represent you in court proceedings if litigation is necessary
We act for:
Beneficiaries considering a claim or defending their inheritance
Executors and trustees caught in the middle of a dispute
Families seeking to resolve matters as quickly and cost-effectively as possible
Where appropriate, we will look at early settlement, mediation and other forms of alternative dispute resolution to avoid drawn-out, expensive litigation.
Different types of claim have strict time limits. For example:
Most Inheritance Act claims must be issued within 6 months of the grant of probate
Some validity challenges may be brought later, but delay can weaken your position
Because of the added risk of a no contest clause, it is important to seek legal advice as early as possible so that you understand your options before taking any step that could be treated as a “challenge”.
Explore our latest guides and expert insights on will disputes. Learn what can make a will invalid, who may be entitled to challenge it, and how to strengthen your case.
Our experienced Executor Dispute Solicitors are here to guide you every step of the way. With specialist expertise in contentious probate and inheritance disputes, we provide clear, strategic legal representation to protect your rights and secure a fair outcome.
Contact NJS Law today to discuss your will dispute with a specialist solicitor. Call or email us now to get expert advice and begin your case.
Stay up to date with the latest news on will disputes claims. Our blog shares real client case results, recent compensation awards, and guidance from our solicitors to help you understand how the claims process works in practice.
Dealing with a dispute over a loved one’s will can be emotionally challenging and legally complex. However, understanding the available options for resolution can help you navigate this difficult situation with clarity and confidence.
If you haven’t been left as much as you expected in a will and wish to make a claim, you may consider the following steps:
When a loved one passes away without leaving a will, it can lead to uncertainties and disputes among family members regarding the distribution of the estate. Resolving a will dispute in the absence of a will requires careful consideration of legal provisions and effective communication.
No. A no contest clause does not make a will immune from challenge. Courts will still allow valid claims, particularly where there is evidence of lack of capacity, undue influence, fraud, or failure to make reasonable provision.
However, if your claim fails, you may lose your inheritance under the clause and be ordered to pay costs. You should always obtain tailored advice before taking any step that might amount to a “contest”.
If your challenge is successful and the will (or relevant part of it) is set aside, the no contest clause will generally fall with it. In those circumstances, you would not usually lose your inheritance because of the clause itself
Not completely. The courts have indicated that a carefully drafted, reasonable clause may be taken into account, but it cannot simply override the court’s power to make provision under the Inheritance (Provision for Family and Dependants) Act 1975.
In practice, it may still deter weak claims and influence the court’s approach to costs. Each case turns on its facts.
As an executor, your duty is to administer the estate in accordance with the law and the will, acting fairly between beneficiaries. Whether you should treat a beneficiary as having forfeited their gift will depend on the precise wording of the clause, the nature of the claim and any court rulings. You should take legal advice before making any decision that could be challenged later.
We offer initial advice on no contest clause issues and will explain our costs options clearly at the outset. Depending on your case, we may be able to agree fixed fees for initial reviews or staged work so that you can make informed decisions at each step.
Adele is a qualified solicitor with over 20 years experience working in the legal sector, predominantly within Litigation.
Adele is the member of the management team responsible for the firms strategy, including the growth of a number of key areas of legal practice, heading up the Housing Disrepair and Probate Teams. She also has a keen interest in technology, in particular automation, and will be working on optimising the firm’s processes.
In her spare time Adele enjoys walking the family cockapoo, watching her son play sport, travelling to new places and is obsessed with all things interiors!
