Barbara Stratton comments in The Lawyer’s Daily on the Alberta Court of Appeal decision in Mawhinney v Scobie, a seminal decision in the drafting and interpretation of no-contest clauses.
The Court allowed the appeal, argued by Barbara and Sarah Huot of Bennett Jones. The takeaway from this case is that while there may be scenarios where it is worthwhile for a beneficiary to challenge a will and risk activating a no-contest clause, that person gambles with losing their inheritance if the no-contest clause is properly drafted.
