Legal dispute clause in a will.

Can I enter a clause in my will that if any beneficiary objects legally to the distribution method or amounts bequeathed to indidviduals named in my will, that that person is immediately excluded from benefiting from the will?

I just do not want people to be arguing after I am gone!

I would guess that it is unlawful to do so - you are not allowed to force people to give up Statutory rights they have i.e. the right to take disputes to the courts.

One bunch - the Children - have a right to contest the will under s117 Succession Act - if you did not provide 'adequately' for them - the rest of the beneficiaries - if your will is written clearly wont have such a claim. Its the children I am afarid and the estate has to fund the litigation.

I read in the Irish times a case about a man somewhere in Dublin that added such a clause to his will (some kind of codicil I think). He was always very friendly with a neighbour who used to look after him and drive him around etc. Anyhow, he left a majority of his estate to the neighbour and the remainder to family. He has one of these clauses. Anyhow, the family disputed it and ended up loosing the case and also the clause kicked in and they lost the original portion of the estate also.

They could dispute the validity of the will anyway.



Brendan