Deal or No Deal? The High-Stakes Game of Contesting a Will with a No-Contest Provision Under the 1975 Act

In Sim v Pimlott and others [2023] EWHC 2296 (Ch), the High Court considered the efficacy of “no-contest clauses” in the context of proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”). No contest clauses (sometimes referred to by their Latin tag “in terrorem clauses”) are designed to heavily disincentivise beneficiaries from challenging … Read more

Court considers the will of the judge who created the ‘Golden Rule’

GOSS-CUSTARD & ANOR V TEMPLEMAN & ORS [2020] EWHC 632 (CH) Following a seven-day trial, judgment was handed down on 28 January 2020 upholding the Last Will and Testament of Lord Templeman. Lord Templeman was a distinguished Law Lord, well known for his significant contributions to English law, often expressed in bold terms. One such … Read more

Where there’s a certified copy Will, there’s a way? English High Court admits certified copy Will to probate, despite dispute about whether the will-maker had revoked it

In Blyth v Sykes [2019] EWHC 54 (Ch), the English High Court decided that an estate would be administered in accordance with a certified copy of the will-maker’s Will.  This was despite the Claimant arguing that the will-maker had deliberately revoked her Will by destroying it.  This case is a useful reminder that Courts insist … Read more