Contesting a will is never easy. It often involves not just legal questions but deeply personal and emotional ones as well. Whether you’ve been left out of a will, believe the document is unfair, or suspect someone influenced the will-maker, you may be wondering: Can I challenge this? And what happens if I do?
If you’re considering challenging a will in British Columbia, here’s what you can expect — and what you should know before taking the next step.
Who Can Challenge a Will in BC?
Under BC’s Wills, Estates and Succession Act (WESA), not just anyone can challenge a will. Generally, those eligible to contest a will include:
- Spouses (legal or common-law)
- Children (including adult and independent children)
- Anyone who has a financial interest in the estate or was promised something from it
If you don’t fall into one of these categories, you may not have legal standing to dispute the will.
Common Grounds for Challenging a Will
Courts in British Columbia recognize several valid reasons for setting aside or modifying a will. These include:
- Undue influence: Was the will-maker pressured, manipulated, or coerced?
- Lack of capacity: Did the will-maker fully understand what they were signing?
- Improper execution: Was the will signed or witnessed incorrectly?
- Fraud or forgery: Is the will a legitimate reflection of the will-maker’s intentions?
- Unfair exclusion: Under WESA, spouses and children may be entitled to a “just and adequate” share of the estate — even if the will says otherwise.
Each of these claims requires evidence and a careful legal strategy to prove in court.
The Process of Challenging a Will
If you decide to challenge a will, here’s what the process typically involves:
1. Initial Legal Review
An estate litigation lawyer will evaluate the will, supporting documents, and your relationship to the deceased. They’ll assess the strength of your claim and help you understand the potential outcomes.
2. Filing a Claim
If you have standing and valid grounds, your lawyer will file a notice of civil claim in the BC Supreme Court. This starts formal litigation.
3. Serving Notice
Other parties involved in the estate — such as executors, beneficiaries, or next of kin — will be notified of the legal challenge.
4. Discovery and Evidence
This stage involves gathering documents, medical records, financial history, and witness testimony. These details help prove or disprove undue influence, capacity issues, or misconduct.
5. Mediation or Court Proceedings
Some cases settle through negotiation or court-ordered mediation. If an agreement isn’t reached, the matter proceeds to trial, where a judge will decide the outcome.
How Long Does a Challenge Take?
The timeline varies. Some disputes are resolved within a few months. Others, especially those involving complex estates or serious allegations, may take a year or more.
Acting quickly is critical. There are time limits for bringing a will challenge, and delays can weaken your case.
Risks and Considerations
Challenging a will can be emotionally and financially taxing. It may strain family relationships and, if unsuccessful, result in court costs. That’s why it’s important to seek honest legal advice before starting.
A qualified estate litigation lawyer can help you:
- Understand the strength of your case
- Evaluate the likely costs and benefits
- Explore alternatives to litigation
- Protect your legal and financial interests
How Lawgical Law Corporation Can Help
At Lawgical Law Corporation, we take a strategic, clear-sighted approach to will disputes. Led by litigator Sundeep Singh Grewal, we guide clients through challenging situations with professionalism and respect.
If you’re unsure whether you have a case or just want a second opinion, we’re here to provide straightforward, confidential advice.
Book a Consultation Today
If you believe a will is unfair or suspect something is wrong, don’t navigate it alone. Contact Lawgical Law Corporation today to speak with an estate litigation lawyer who understands the legal landscape and the emotional weight of these disputes.