No-contest clauses, also known as forfeiture clauses, are most commonly found in Wills. They are designed to discourage beneficiaries from disputing the Will by threatening to reduce or remove their inheritance if they do.
At first glance, these clauses can feel intimidating and final. But under the law of England and Wales, they are not always enforceable, and in many cases, they can be challenged or bypassed altogether.
What is a no-contest clause?
A no-contest clause is a provision in a Will stating that, if a beneficiary challenges the Will (or certain parts of it), they will lose some or all of their inheritance.
A typical example might say:
“If any beneficiary contests this will, their gift shall lapse and form part of the residue of my estate.”
The aim is deterrence, but the courts of England and Wales treat these clauses cautiously.
Are no-contest clauses enforceable in England and Wales?
Unlike some other jurisdictions, English and Welsh law does not automatically enforce no-contest clauses.
Their enforceability depends on:
- The wording of the clause;
- The type of claim being brought; and
- Whether the beneficiary has a legitimate legal basis for challenging the Will.
In practice, English and Welsh courts prioritise fairness, public policy, and access to justice over punishing beneficiaries for raising genuine concerns.
Key grounds for challenging a no-contest clause
1. The clause does not apply to the type of claim brought
Many no-contest clauses are drafted narrowly. They may only apply to challenges to the validity of the Will, as an example.
If your claim relates instead to:
- Reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975;
- Interpretation or construction of the Will; or
- Administration issues,
Then the clause may not be triggered at all.
2. The clause is uncertain or poorly drafted
English and Welsh courts are reluctant to enforce clauses that are:
- Vague;
- Ambiguous; and/or
- Overly broad.
If it is unclear what actions count as contesting the Will, the clause may fail for uncertainty. Any ambiguity is usually interpreted against the person seeking to enforce it.
3. You have a legitimate claim with proper cause
Where a beneficiary has reasonable grounds to challenge a Will, such as:
- Lack of testamentary capacity;
- Undue influence;
- Fraud or forgery; and/or
- Failure to make reasonable financial provision,
The courts are unlikely to penalise them for bringing the claim.
Public policy strongly supports allowing genuine disputes to be heard, even where a no-contest clause exists.
4. The clause is penal rather than conditional
English and Welsh law distinguishes between:
- Conditional gifts (e.g. “you receive X only if you do not challenge the Will”); and
- Penalties designed purely to punish someone for asserting their legal rights.
The courts generally disapprove of clauses that operate as penalties. If the clause is seen as an attempt to coerce silence rather than set a genuine condition, it may not be upheld.
5. You have not accepted the gift
If a beneficiary has not yet accepted their inheritance, they may still be able to challenge the Will without triggering forfeiture.
Once a gift has been accepted, the position becomes more complex, but acceptance alone does not automatically validate an unfair clause.
Practical steps before challenging a no-contest clause
- Get specialist legal advice early
Contentious probate is technical and small wording details matter. - Review the exact wording of the clause
Many disputes turn on interpretation rather than principle. - Identify the type of claim you are bringing
Not all claims count as contesting a Will within the scope of the specific no-contest clause. - Consider negotiation or mediation
Many probate disputes settle without going to court, reducing risk and cost.
Final thoughts
No-contest clauses in English and Welsh Wills are not absolute barriers to pursuing a claim. Courts recognise that beneficiaries should not be unfairly silenced when there are legitimate concerns about a Will’s validity or fairness.
If you believe a no-contest clause is being used to intimidate rather than protect a genuine testamentary intention, there may be strong legal grounds to challenge it.
How can we help?
Kirria Hearn is a Trainee Solicitor in our expert Dispute Resolution Team.
For more information regarding the subjects discussed in this article, please contact Kirria or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
If this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.