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Will drafting: When to challenge
Barbara Stratton QC, Sarah Huot and Hong Feng examine the impact of Canadian case Mawhinney v Scobie on no contest clauses in the UK ‘If a will includes a properly drafted and enforceable no contest clause, and a beneficiary unsuccessfully challenges that will, then the beneficiary forfeits their bequest by operation of the no contest …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Anderson Estate [2017] ABQB 422
- Mawhinney v Scobie [2019] ABCA 76
- Nathan v Leonard [2002] WTLR 1061