Franklin Estate (Re), 2026 NLSC 7
This case concerned the estate of John Franklin, who died in 2019 and left a Will appointing his daughter Nina as Executrix and including a strict “no contest” clause (clause 7(e)). The clause provided that any beneficiary who commenced litigation relating to the Will, other than for interpretation or directions, would forfeit all benefits under the estate.
A dispute arose between the two sisters, Nina (Executrix) and Gemma (beneficiary). Gemma brought an application seeking to remove Nina as Executrix, alleging mismanagement of the estate.
In response, Nina applied to enforce the no contest clause, arguing that Gemma’s application triggered forfeiture of her inheritance.
The Court agreed with Nina. It held that:
- The estate included both real and personal property, satisfying the requirements for enforceable conditional gifts.
- Gemma’s application to remove the Executrix constituted “litigation in connection with the provisions of the Will,” and was not merely a request for interpretation or administrative direction.
- The Will’s clause 7(e) was enforceable because it was not merely an idle threat; it contained a valid “gift over” directing forfeited shares into the residue of the estate.
The Court concluded that Gemma breached the no contest clause and therefore lost all entitlement under the Will. Her share was redirected into the estate residue to be distributed according to the Will. Costs were awarded against her in favour of the estate.
Result: Nina’s application was granted; Gemma was disinherited under the no contest clause.
Brian Madigan LL.B., Broker
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