Can you put something in your will so your children cannot challenge it? In England and Wales you can add a "no contest clause": if someone challenges your will, they lose what it leaves them. It works, but only up to a point, and the catches matter more than the clause.
You may have seen these clauses in American films and TV dramas, where they are common. Here they are much less usual. In a recent case the High Court called one "fairly unusual".
Do they work in England and Wales?
Yes. In Patel v O'Sullivan (2026) a mother's will had a wide no contest clause. Nobody argued it was invalid, but the judge checked anyway. He said he "sought reassurance about the legal position" and found it in an earlier High Court case, Nathan v Leonard (2002).
What are the catches?
- The gift has to be worth keeping. The clause can only take away what your will gives. If you leave someone nothing, they have nothing to lose.
- Spell out what counts as a challenge. The Patel clause listed four things, from contesting the will to objecting to probate. Vague wording just starts a second argument.
- Say where the gift goes instead. The Patel will said it should take effect as if the challenger had been left nothing.
- It cannot stop an Inheritance Act claim. Children, spouses and some others can ask the court for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975. A clause can take away their gift under the will, but it cannot remove that right.
What happened in the Patel case?
A daughter challenged her mother's last will, which added a no contest clause a month after an earlier will left her the house. She argued her mother could not have understood the clause. The solicitor's note showed he had explained it "in basic terms", and that she wanted it. In April 2026 the judge upheld the will. It still took years of litigation to get there.
What works best?
A clause is one tool, not a shield. What really protects a will is a clear record of what you wanted and why: instructions given on your own, a solicitor's notes, and a letter of wishes explaining an uneven split. In Patel, the solicitor's notes and recordings of the mother's own words helped the will survive.
Our full guide covers whether no contest clauses work, what they need and their drawbacks. See also protecting your will from a challenge. This is not a clause to copy from a template, so if you are thinking about one, book a call with one of our solicitors.
This article is general information about the law in England and Wales, not legal advice for your situation.
Sources
Oliver Asha
Solicitor · TEP · Founder of Make a Will
Oliver is a Solicitor (SRA number 372772) and a Trust and Estate Practitioner (TEP). He qualified in 2006 and he is founder at Make a Will, Make a Will Online, Digilegal Trustees and Capacity Vault. It is his mission to bring proper, solicitor-checked wills within reach of every family. He personally drafts and oversees the review of many of the guides on this site.
Verify Oliver’s credentials: Law Society · SRA register · STEP directory
Further Reading
- Making a Will - GOV.UK Official UK Government guidance on making a will
- Wills - Citizens Advice Free advice on wills and inheritance