Abstract

Bharti Shroff executed her will in 2012 where she had specified that if her will is challenged Cyril Shroff would disinherit from acquiring any of her assets. Later, in 2014 she executed a codicil and completely disinherited her son Cyril Shroff. The dispute between the brothers arose as the family had entered into a family arrangement in 2001 according to which the assets of Bharti Shroff were to be divided equally between them upon her death. This article examines the validity of No-contest clauses in a will and whether Bharti Shroff could have executed a will despite. The existence of a family arrangement. It is concluded that in-terrorem clauses are invalid as there can exist genuine and probable cause for challenging the will and this cannot be termed as suppression of intention of testator. Additionally, family arrangements cannot be revoked unilaterally unless they have been so decreed by the court. Any subsequent attempt at framing a will cannot be recognized, as family arrangements are legally binding instruments of law.

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