Can No Contest Clauses “Make Wills Great Again”?

20 Mar 2023

Location: 12:30pm - 1:30pm UK Time Virtual Event (Zoom)
Members: FREE to attend - Book by 20 Mar
Non Members: Register above and attend for free - Book by 20 Mar

Can No Contest Clauses “Make Wills Great Again”?


Tom Deely, Alexandra Giles and James Poole will discuss the use and effect of No Contest Clauses and whether they are a sufficient deterrent to a prospective Claimant seeking to bring a claim against an estate. Aimed at stemming the tide of unmeritorious claims under the Inheritance Act, are No Contest Clauses a necessity to uphold the principle of testamentary freedom, or are they ineffective, inflammatory and contrary to public policy?  

The panel will discuss (and debate):

  • The pros and cons of including No Contest Clauses in wills
  • Drafting considerations
  • Alternatives to No Contest Clauses

Our panel of experts

Tom Deely
Senior Associate
Howard Kennedy LLP

Tom Deely is a solicitor specialising in trust and estate disputes. He acts for a range of clients on a variety of matters, including succession disputes, will challenges, and trust and administration disputes.

Tom is a Senior Associate in the Trusts and Estates Disputes team. He has extensive experience acting for a wide range of clients, from UHNW individuals to vulnerable clients and protected parties, both as claimants and defendants.

Tom is a confident negotiator with significant experience of solicitor-led mediations and round-table meetings. Tom is a pragmatic and decisive litigator who prides himself on his technical knowledge and his client manner, ensuring that the client's needs are at the forefront of his advice.

Tom is a regular contributor to articles and publications is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and ConTrA, a network for Contentious Trusts Associates.

Tom Deely
Tom Deely Senior Associate
Howard Kennedy LLP
Alexandra Giles
Howard Kennedy LLP

Alexandra Giles
Alexandra Giles Solicitor
Howard Kennedy LLP
James Poole
Ten Old Square

James is regularly recommended for the quality of his legal analysis, his persuasive oral advocacy in court, the practicality of his advice, and his sensitive and responsive interaction with clients.

His busy practice spans a number of Chambers’ key practice areas, and particularly focuses on:

  • Probate, inheritance and trust disputes, including 1975 Act claims, trustee/executor removal and TLATA claims.
  • Non-contentious private client work.
  • Commercial and contractual disputes, including arbitrations and interim applications such as freezing injunctions.
  • Partnership/LLP – both advisory and contentious work.
  • Court of Protection and associated litigation.
  • Charity law.
  • Landlord and Tenant issues – both residential and commercial, including pubs and licensed premises.
  • Property, including covenants, easements and boundary disputes.
  • Insolvency, both individual and company.

James is a skilled and highly effective advocate, who appears regularly in the High Court and County Courts. He also has significant experience of offshore litigation, particularly in the Channel Islands and the Isle of Man.

Before coming to the Bar, James taught at secondary and tertiary level in England and Vanuatu, and is equally comfortable being instructed in both English and Bislama.

James is also a qualified mediator, and welcomes instructions as a mediator in any of the areas in which he practices.

James Poole
James Poole Barrister
Ten Old Square


Audience log on
Chair's Opening Remarks
Tom Deely - Senior Associate - Howard Kennedy LLP
12: 35pm
Can No Contest Clauses "Make Wills Great Again"?
Alexandra Giles - Solicitor - Howard Kennedy LLP
James Poole - Barrister - Ten Old Square
Tom Deely - Senior Associate - Howard Kennedy LLP
Chair's Summation and Close of Event
Tom Deely - Senior Associate - Howard Kennedy LLP


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