Is a no-contest clause in a will enforceable in British Columbia?

This answer covers the law of British Columbia.

Whether a no-contest clause can stop you depends on its exact wording, the kind of challenge you are bringing and the facts. A lawyer can read the clause and tell you how it applies.

Two kinds of challenge are usually involved. A wills variation claim can be brought only by the will-maker's spouse or children, and asks the court to order the provision it thinks adequate, just and equitable. It must be started within 180 days from the date the grant is issued in British Columbia. A validity challenge argues the will itself is not valid, for example because of lack of mental capacity, missed signing formalities or undue influence.

The court may also refuse a wills variation order to a person whose character or conduct disentitles them. A clause that looks frightening may or may not matter in your situation, and the reverse can also be true. How a clause in the will fits with any of these claims is something to confirm with a lawyer early, because the deadlines keep running while you wait.