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ARTICLE · 25 JULY 2024

Does Adding A Non-Contest Clause To Your Will Ensure An Inheritance Act Claim Cannot Be Made?

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Can you still make a claim if you are left something in a Will but that gift is conditional on you not bringing a claim? The short answer is yes. However, there are a few warnings to consider before embarking...

United KingdomFamily and Matrimonial
Cathryn Culverhouse
Cathryn Culverhouse

Can you still make a claim if you are left something in a Will but that gift is conditional on you not bringing a claim?

The short answer is yes. However, there are a few warnings to consider before embarking on legal action as you could be left with nothing.

What is a non-contest or forfeiture clause?

A non-contest or forfeiture clause is often included in a testators will to try to avoid anticipated litigation on the testator's death. Those clauses leave a specified gift to the beneficiary on the condition that they undertake a certain action or refrain from bringing a claim against the Estate. If they fail to comply with the condition, the gift to the beneficiary is revoked and they receive nothing pursuant to the terms of the Will.

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