Forfeiture Clauses in Wills

A forfeiture clause is typically a clause that the testator puts in the will to try and make it much more difficult, if not impossible, for someone to contest the will. Typically, it would be a clause that it says, “If my wife ever remarries, then she’s not to inherit,” or something along those lines. Suffice to say, for the purposes of this video, if a clause purports to prevent someone contesting the will on the basis of the Wills Variation Act, that is, the will did not provide adequately for either a child or a spouse of the deceased, then that forfeiture clause will be of no forcing effect.

On the other hand, a properly drawn forfeiture clause other than the Wills Variation Act, can be effective in preventing certain types of court actions but it’s a very difficult area for a lay person to understand. Please feel free to contact if you see such a clause in a will.