Recent Guernsey decisions, including a Court of Appeal ruling on a clause in a letter of wishes and an anticipated judgment concerning a similar provision in a beneficiary agreement, are prompting renewed scrutiny of no-contest clauses. Despite frequent discussion in practice, there remains limited authority on their scope and enforceability. 

This session will examine how no-contest clauses operate across wills, estate planning documents and related instruments, including their limits where challenges are brought with reasonable cause and concerns about overly draconian drafting. It will also consider broader civil law perspectives on penal clauses and restrictions on litigation rights. 

A timely review of a widely used but still uncertain tool in succession planning.