Is a no contest provision in a will legal in ireland?

The reluctance of the court in the Egan case to countenance a “re-writing of a deceased’s will after his death” appears to be consistent with the thinking of Stack J in another recent High Court decision (In the Estate of William John Murphy [2023] IEHC 383), in which she was asked to consider conflicting clauses in a template will that had been downloaded from the internet. In that case Stack J determined that she could come to a decision on the issue of the correct interpretation of the conflicting clauses in the template will “without doing any violence to the language of the Will [emphasis added]”.3

3. This decision is also of note in that Stack J seems to confirm that “no contest” type clauses, if included in an Irish will, would likely be void as contrary to public policy.

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ClubMan said:

I am not lawyer but is this of any use?

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