How Can A Beneficiary Be Discouraged From Contesting My Will

Gifts in wills can stir up strong emotions, especially if someone feels they have been treated unfairly by the person who made the will.

If the person writing the will (called the testator) wants to give gifts that might seem unfair, they can consider including a “no-contest clause”  also known as in terrorem or forfeiture clause. This will hopefully have the effect of discouraging litigation by the relevant beneficiaries. A gift to a beneficiary who contests the will may be forfeited. However, these clauses need to be carefully drafted. Here are some things to keep in mind, especially for wills in Hong Kong:

1. Certainty

The clause must be clear about what counts as a challenge. For example, it could say: