Forfeiture Clauses in Wills

A forfeiture clause is typically a clause that the testator puts in the will to try and make it much more difficult, if not impossible, for someone to contest the will. Typically, it would be a clause that it says, “If my wife ever remarries, then she’s not to inherit,” or something along those lines. Suffice to say, for the purposes of this video, if a clause purports to prevent someone contesting the will on the basis of the Wills Variation Act, that is, the will did not provide adequately for either a child or a spouse of the deceased, then that forfeiture clause will be of no forcing effect.

On the other hand, a properly drawn forfeiture clause other than the Wills Variation Act, can be effective in preventing certain types of court actions but it’s a very difficult area for a lay person to understand. Please feel free to contact if you see such a clause in a will.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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