How do I include a no-contest clause in my Will?
A no-contest clause (also known as a forfeiture clause) in a Will is a provision intended to discourage beneficiaries from challenging the Will after the testator. The clause typically states that if a beneficiary contests the Will (for example, by claiming it’s invalid due to undue influence or lack of mental capacity) and loses, they will forfeit any inheritance they were due to receive under the Will.
However, even with the clause, do note that a person completely excluded from a Will or is receiving only a nominal sum has little to nothing to lose by contesting the Will. Additionally, it does not override the legal framework set out in the Inheritance (Family Provision) Act which requires for the dependents of the testator to be sufficiently provided for.
While such “no-contest” clauses are not invalid and may be included in a Will, their enforceability can be subjective. In the event of a dispute, the final outcome is determined by the court or may be settled out of court (e.g., the court may rule against enforcing the no-contest clause).
If the testator is anticipating the Will to be contested, he/she should seek further legal advice on what to do to minimise those risk (e.g. setting up a trust, doing insurance trust nomination to bypass probate).
To include the clause, under Select Clauses >> Other Instructions in the platform, key in the following:
I direct that if any beneficiary under this Will or any other interested party, whether directly or indirectly, contests the validity of this Will, any provision of this Will, or any of its terms or conditions, in any court or forum whatsoever, then that person shall be deemed to have forfeited any bequest or inheritance provided for in this Will, and they shall receive nothing from this Will. Any forfeited benefits shall be redistributed to {charity organisation name and details; testamentary trust name; or beneficiary name and details}.
