Being unhappy with a will and having a legal claim against it are two different things. When a beneficiary disputes a will BC courts do not simply reweigh the estate to make it feel fairer — they look for specific, recognized grounds. Understanding which category your objection falls into, before you spend money on litigation, is the most useful thing you can do at this stage.
Key Takeaways
- Disagreement alone is not a legal ground; the objection must fit a recognized category.
- Spouses and children can seek variation of a will that fails to make adequate provision for them.
- Validity challenges rest on capacity, undue influence, improper execution, or fraud.
- Wills variation claims must be filed within 180 days of the grant of probate.
- Most disputes settle through negotiation or mediation rather than trial.
What Can Actually Be Challenged
Inadequate provision for a spouse or child
British Columbia gives spouses and children stronger rights than most provinces. Under the Wills, Estates and Succession Act, a spouse or child who was not left “adequate, just and equitable” provision can ask the court to vary the will. Judges weigh the will-maker’s legal and moral obligations, the size of the estate, each claimant’s circumstances, and any reasons the will-maker recorded for the distribution.
Adult independent children can bring these claims, though the moral obligation owed to them is weaker than to a dependent child or spouse. Published decisions on CanLII show how fact-specific these outcomes are — which is precisely why an early, honest assessment matters more than a confident prediction.
Lack of testamentary capacity
A will-maker must understand what a will does, roughly what they own, and who might reasonably expect to inherit. Where dementia, medication, or illness clouded that understanding, the will may be invalid. These cases turn on medical records, the drafting lawyer’s notes, and evidence from people who saw the will-maker around the signing date.
Undue influence
If a beneficiary pressured or manipulated the will-maker, the document may not reflect genuine intentions. Where someone was in a position of dominance over a dependent will-maker, the burden can shift to that beneficiary to prove the will was made freely.
Improper execution or fraud
Wills must meet formal signing and witnessing requirements. Forgery, a substituted document, or a witness who was also a beneficiary can all create problems — though courts have some power to cure technical defects where the will-maker’s intention is clear.
Executor misconduct
Sometimes the objection is not to the will but to the person administering it. Beneficiaries are entitled to information and a proper accounting, and an executor who stonewalls, self-deals, or lets the estate stagnate can be ordered to account or removed.
What Usually Cannot Be Challenged
An honest lawyer will tell you when you do not have a case. Courts generally will not intervene because:
- Adult children received unequal shares and the will-maker had understandable reasons.
- A beneficiary dislikes the executor personally, absent actual misconduct.
- The estate is worth less than expected.
- The will-maker made choices the family finds hurtful but was entitled to make.
- Someone was promised something verbally that never made it into the will.
Recognizing these early saves families a great deal of money and considerably more goodwill.
The Deadline That Ends Most Claims
Wills variation claims must be commenced within 180 days of the date the grant of probate is issued, with service required shortly afterward. Miss the window and the claim is generally gone regardless of merit.
If you anticipate a will dispute BC courts would need to resolve, you can file a notice of dispute before a grant is issued, which prevents the court from issuing it while your concerns are addressed. This is a serious step with cost consequences, so take advice before filing one.
Practical Steps for a Disputing Beneficiary
- Request the documents. Ask the executor for a copy of the will, the probate filings, and an accounting. Refusal is itself informative.
- Write down the timeline. Note when the will was made, who was present, the will-maker’s health at the time, and any earlier wills you know of.
- Get an early assessment. A short consultation clarifies whether you have a claim worth pursuing and what it may cost.
- Consider mediation. It is private, faster, and lets the family shape the outcome rather than have one imposed.
- Watch the clock. Deadlines run from the grant, not from when you found out.
The Cost of Fighting
Estate litigation is paid for out of money that would otherwise reach beneficiaries. Costs may be ordered from the estate or against the losing party, depending on the circumstances and the court’s discretion. A claim worth $40,000 that costs $60,000 to litigate is a loss even when you win, which is why realistic advice at the outset matters as much as advocacy later.
Schedule a Consultation
If you have been excluded from a will, suspect it does not reflect the will-maker’s true intentions, or need to defend a will against a challenge, you deserve a clear-eyed view of your position before committing to litigation. The estate litigation team at Lawgical Law Corporation gives honest advice about the strength of your case. Sundeep Singh Grewal appears regularly in both the Supreme and Provincial Courts of British Columbia. Learn more about our firm, or contact us for a confidential consultation.
Frequently Asked Questions
Can I contest a will just because it seems unfair? Not on its own. You need a recognized ground — inadequate provision, invalid execution, incapacity, undue influence, or executor misconduct.
How long do I have to challenge a will in BC? Wills variation claims must be started within 180 days of the grant of probate. Other claims carry different limitation periods.
Can a common-law partner make a claim? Yes, if they lived with the deceased in a marriage-like relationship for at least two years.
What if the executor won’t give me information? Beneficiaries have a right to an accounting. If the executor refuses, the court can compel them or remove them.
Do these disputes always go to trial? No. Most resolve through negotiation or mediation, which is faster, private, and considerably less expensive.