Is a no-contest clause enforceable in Alberta?
This answer covers the law of Alberta.
Whether an Alberta court will enforce a no-contest clause depends on the exact wording of the clause and the facts of your challenge, so get advice before you act on it or ignore it. A no-contest clause is a term in a will that says a beneficiary loses their gift if they challenge the will.
Challenging a will is done through a contested court matter, started by filing Form C1 with an affidavit in Form C2. Time limits can apply, such as 6 months after the grant for a rectification application and 6 months after the grant for a family maintenance and support application. A family member who says the will did not make adequate provision may have a separate claim for support from the estate.
Challenging also carries cost risk. A successful party is entitled to a costs award against the unsuccessful party, and the Court may order costs paid from the estate or by a party. A lawyer can review the clause, your gift and your grounds together before you decide.
Key takeaways
- Whether a no-contest clause is enforced depends on its exact wording and the facts of your challenge, so get advice before you act.
- A challenge is brought as a contested matter by filing Form C1 with an affidavit in Form C2.
- Some time limits are short, such as 6 months after the grant for a rectification application or a family maintenance and support application.
- A challenge carries cost risk, because a successful party is entitled to a costs award and the Court may order costs paid from the estate or by a party.