Disputes over wills can be emotional, stressful, and legally complex. In British Columbia, it is not uncommon for family members, spouses, or other interested parties to challenge a will after someone has passed away. Whether you are an executor trying to carry out the deceased’s wishes or a beneficiary who believes a will is unfair or invalid, understanding the process is important.
Below is an overview of what happens when a will is contested in British Columbia, the common reasons for disputes, and what steps you should take.
What Does It Mean to Contest a Will?
Contesting a will means challenging either the validity of the will itself or the way assets have been distributed. In British Columbia, wills can be contested for several different reasons, including:
British Columbia has unique legislation that allows courts to vary a will if it does not make “adequate provision” for a spouse or child.
Common Reasons a Will May Be Challenged
For a will to be valid, the person making the will must understand:
If there are concerns about dementia, cognitive decline, illness, or confusion at the time the will was signed, the will may be challenged.
Undue influence occurs when someone pressures or manipulates a person into changing their will. This issue often arises when:
Under British Columbia’s Wills, Estates and Succession Act (“WESA”), the court may presume undue influence in certain situations where a relationship has the potential for dependency or domination.
A will generally must comply with formal signing and witnessing requirements under WESA. If those requirements were not followed, the will could be challenged.
However, British Columbia courts may still recognize a document as a valid will in some circumstances, even if technical requirements were not fully met.
British Columbia is different from many provinces because spouses and children can apply to vary a will under section 60 of WESA if they believe the will does not provide adequate, just, and equitable support.
Courts consider several factors, including:
What Should You Do if a Will Is Contested?
Preserve Important Documents
Gather and keep copies of:
These documents can become important evidence in a dispute.
Speak With an Estate Litigation Lawyer Early
Estate disputes can move quickly, and limitation periods may apply. Obtaining legal advice early can help you understand:
Are There Time Limits?
Yes. In British Columbia, time limits can be very important.
For example:
Missing a deadline can affect your legal rights, so it is important to seek legal advice promptly.
Final Thoughts
Contesting a will can be one of the most difficult situations families face after the loss of a loved one. Whether you are concerned about fairness, capacity, undue influence, or executor responsibilities, understanding your legal options is the first step.
British Columbia estate law is highly fact-specific, and every case is different. Obtaining experienced legal advice early can help protect your interests and provide clarity during a challenging time.
If you have questions about contesting a will or defending an estate claim in British Columbia, contact our firm to discuss your situation and learn about your legal options.
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