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Inheritance disputes often stem from Wills being challenged for multiple reasons. For example, a testator might have been unduly influenced into making a Will in the way they have, or the testator lacked the necessary mental capacity to make it.
The case of Nathan v Leonard [2002] EWHC 1701 was a case where the defendants tried to reply upon a no contest clause to stop a Will dispute. No contest clauses seek to prevent a Will being challenged. They are aimed at dissuading a beneficiary from disputing a Will merely because they are unsatisfied with the amount they are to receive under the residuary estate.
If a Will includes a no contest clause, a beneficiary that disputes the validity of the Will will automatically forfeit their inheritance under it, if their dispute is unsuccessful. They will, therefore, not receive anything if the Will is found to be perfectly valid and executed correctly. However, if their challenge does succeed, then the Will is invalid, as is the no contest clause.
Before seeking to dispute a Will, it is very important that a beneficiary checks whether the Will contains a no contest clause and takes legal advice on the interpretation of that clause. It is important for the beneficiary to evaluate carefully whether it is worth disputing the will, because of the risk involved in raising a dispute.
If you would like information about disputing a will, probate disputes or inheritance disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.
We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.
We also have a team of probate lawyers who can assist if you wish to review you current will or to make a will for the first time.
We offer a free initial free telephone consultation for contentious probate disputes and we can sometimes act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.