No-contest clauses in BC wills: can a will stop you challenging it?

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 11, 2026

Published November 12, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 60, 61) and the court decisions cited below checked that day.

Some wills include a clause saying that any beneficiary who challenges the will forfeits what they would have received. These are called no-contest or in terrorem clauses, because they are meant to frighten people out of going to court. In BC they are of limited enforceability. A will-maker can’t contract out of the court’s supervisory role or stop the court from interpreting the will. In particular, BC courts treat a clause that takes a gift away from a spouse or child who brings a wills variation claim as void, because providing for spouses and children is a matter of public policy. Directions in a will telling executors to spend estate money fighting such claims have also been treated as void. That doesn’t make challenging a will risk-free, but a no-contest clause alone usually shouldn’t stop a spouse or child from getting advice.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, advises spouses and children on wills variation and challenges to wills; this guide is by Pardeep S. Grewal.

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What BC courts have said

• No-contest clauses “are of limited enforceability”, and a provision revoking a benefit to a beneficiary who starts wills variation proceedings is contrary to public policy and void (Bellinger v. Nuytten Estate, 2003 BCSC 563).
• A provision giving executors power to use estate assets to defend a claim was treated as void (Ketcham v. Walton, 2012 BCSC 175).
• Executors couldn’t rely on a direction in the will as a “moral obligation” to strenuously oppose a wills variation claim; the court held that obligation was void (Jung v. Poole Estate, 2021 BCSC 623).

Wills variation claims

A spouse or child can ask the court to vary a will that doesn’t make adequate provision for them (WESA s. 60), within 180 days from the grant (s. 61). Because that right exists for public policy reasons, a will can’t take it away by threatening to cancel the claimant’s gift. See wills variation.

Other challenges

For other challenges, such as claims that the will is invalid for lack of capacity or undue influence, the effect of a no-contest clause depends on its wording and the circumstances, and the law is less settled. If a validity challenge fails, the clause may be argued to apply. Get advice on your will’s specific wording before deciding. See contesting a will in BC.

Mistakes I have seen

• A child letting the 180-day wills variation deadline pass because the will threatened to cut them out.
• Executors spending estate money defending a claim because the will told them to.
• Assuming all no-contest clauses are void, for every kind of challenge.

Frequently asked questions

Will I lose my inheritance if I bring a wills variation claim?

A clause taking away a spouse’s or child’s gift for bringing a wills variation claim is void in BC. The court decides the claim on its merits.

Are no-contest clauses ever enforced?

They have limited enforceability. Their effect outside wills variation depends on the wording and the type of challenge.

Should the executor oppose my claim because the will says so?

Executors should stay neutral on a wills variation claim between beneficiaries; a direction in the will to fight it doesn’t bind them.

What should I do right now?

Note the grant date, so you know the 180-day deadline, and get advice on the clause before deciding not to act.

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Sources

• Wills, Estates and Succession Act (ss. 60, 61), BC Laws
• Bellinger v. Nuytten Estate, 2003 BCSC 563; Ketcham v. Walton, 2012 BCSC 175; Jung v. Poole Estate, 2021 BCSC 623, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §6.15

This article is general information about BC law, not legal advice for your situation.