Barbara Stratton in The Lawyer's Daily: New Clarity on Will Interpretation
March 7, 2019
Authors
Barbara J. Stratton KCEdmonton Managing Partner
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.
To obtain permission to republish this publication or any other publication, contact Erica Wirthlin at wirthline@bennettjones.com.
For Informational Purposes Only
This publication provides an overview of trends and legal updates for informational purposes only. For personalized legal advice, please contact the authors.
Authors
Barbara J. Stratton KC, Edmonton Managing Partner • Head of Health Practice