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Legal News | 22.02.24

No mean feat to forfeit?

A tongue twister of sorts, as can be the use of forfeiture clauses (also known as non-contest clauses) in Wills.

What are they?

A clause in a Will stating that if a beneficiary tries to challenge the Will then they will forfeit any gift left to them by the Will.

Why?

Although such a clause might not stop disgruntled beneficiaries from making a claim against your estate, it could make them think twice.

Do they work?

There is no simple answer to this but such clauses have been upheld by the courts.

A beneficiary considering a challenge and faced with a forfeiture clause could end up losing everything, or less than, they would have received under the Will, as recent case law has found.

If you are concerned about claims against your estate and preparing your Will in a way that can reduce these risks, contact wealth@wansbroughs.co.uk.

 

Posted By Our Wills, Tax, Trusts & Probate Team