All About Estates
By Thomas Witteveen
September 8th, 2026
Can a beneficiary try to remove an executor without losing their inheritance under a Will that contains a no-contest clause? The Court of Appeal of Newfoundland and Labrador recently considered this issue…
Key Takeaways from “Franklin Estate (Re), 2026 NLCA 30”:
- No-contest clauses are enforceable, but not absolute.
Courts will uphold testamentary autonomy and give effect to no-contest clauses, but they will not allow such clauses to insulate executors from legitimate accountability. - The “frivolous and vexatious” test is the standard, at least in Newfoundland and Labrador.
Before a court can enforce a no-contest clause to disinherit a beneficiary, it must make factual findings as to whether the offending litigation had arguable merit or was brought in bad faith. Merely losing an application is not enough.
Drafters should take note. The decision in this case is a reminder that no-contest clauses, while powerful tools for discouraging wasteful litigation, will be read in light of the court’s inherent supervisory jurisdiction. Overly broad clauses may not achieve their intended effect if a beneficiary can demonstrate a legitimate basis for the impugned proceeding.
