The testator added a codicil to her will providing that a gift to a beneficiary would be avoided if the will was challenged. She contested the clause saying it was against public policy insofar as it sought to discourage use of the Act.
Held: Though a condition which might lead to forfeiting a benefit under a will might have a strong deterrent effect, that was not enough to make the condition void under public policy. If a claim was made under the Act, the court could then look at the resulting situation and decide whether that constituted adequate provision as required.
Judges:
Mr John Martin, QC
Citations:
Times 04-Jun-2002, Gazette 11-Jul-2002, [2003] 1 WLR 827
Statutes:
Inheritance (Provision for Family and Dependants) Act 1975
Jurisdiction:
England and Wales
Wills and Probate
Updated: 27 June 2022; Ref: scu.172218