Author: Clare E. Burns

This paper discusses issues that may arise in wills containing no-contest clauses. It explores when poorly drafted clauses may result in a finding that the clause breaches the rule against in terrorem provisions. The paper also examines the Alberta Court of Appeal’s 2019 decision in Mawhinney v Scobie to identify situations in which a no-contest clause is valid.

This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.