{"id":2372,"date":"2026-11-12T03:05:46","date_gmt":"2026-11-12T03:05:46","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/no-contest-clause-will-bc\/"},"modified":"2026-11-12T03:05:46","modified_gmt":"2026-11-12T03:05:46","slug":"no-contest-clause-will-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/no-contest-clause-will-bc\/","title":{"rendered":"No-contest clauses in BC wills: can a will stop you challenging it?"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 11, 2026<\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 60, 61) and the court decisions cited below checked that day.<\/em><\/p>\n

\n

A no-contest clause<\/strong> (an “in terrorem” clause) says a beneficiary who challenges the will loses their gift.<\/p>\n

In BC, they have limited force.<\/strong> A will-maker can’t stop the court supervising or interpreting the will.<\/p>\n

Wills variation:<\/strong> a clause taking away a gift from a spouse or child who brings a wills variation claim is void as against public policy.<\/p>\n

What BC courts have said<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

\n

The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

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

What BC courts have said<\/h2>\n