{"id":2436,"date":"2026-11-12T06:53:03","date_gmt":"2026-11-12T06:53:03","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/parent-changed-will-before-death-bc\/"},"modified":"2026-11-12T06:53:03","modified_gmt":"2026-11-12T06:53:03","slug":"parent-changed-will-before-death-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/parent-changed-will-before-death-bc\/","title":{"rendered":"Parent changed the will shortly before death: your options in BC"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 11, 2026<\/p>\n

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia<\/a>.<\/em><\/p>\n

Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 52, 60, 61) and the court decisions cited below checked that day.<\/em><\/p>\n

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Route 1, validity:<\/strong> argue the new will is invalid, for lack of capacity, undue influence, or because the will-maker didn’t know and approve its contents. If it fails, an earlier will applies.<\/p>\n

Route 2, wills variation:<\/strong> if you are a spouse or child, ask the court to vary the new will as unfair (WESA s. 60), within 180 days of the grant.<\/p>\n

Act fast:<\/strong> a notice of dispute can stop probate of the new will while you investigate.<\/p>\n

The two routes<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

A will signed in the last weeks or months of someone’s life, often while they were ill, in hospital, or living with one family member, that cuts out people who were in earlier wills, is one of the most common reasons families come to us. In BC there are two separate routes, and many cases use both. The first is to challenge the new will’s validity: that the will-maker lacked the mental capacity to make a will, didn’t know and approve of what it said, or was unduly influenced. If that succeeds, the earlier will, or the no-will rules, apply instead. The second, open to a spouse or child, is a wills variation claim: even if the new will is valid, the court can vary it if it doesn’t make adequate, just and equitable provision for you. Timing matters for both. A notice of dispute can prevent a grant of probate on the new will while evidence is gathered, and the wills variation claim must be started within 180 days of the grant.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate litigation law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, acts for families challenging late-life wills and for those defending them; this guide is by Pardeep S. Grewal.<\/p>\n

The two routes compared<\/h2>\n
\n\n\n\n\n\n\n\n\n
Validity challenge or wills variation<\/caption>\n
<\/th>\nValidity challenge<\/th>\nWills variation<\/th>\n<\/tr>\n<\/thead>\n
Who can bring it<\/td>\nPeople who would benefit if the will fails, such as beneficiaries of an earlier will or heirs under the no-will rules<\/td>\nSpouse or children only<\/td>\n<\/tr>\n
What you argue<\/td>\nThe will isn’t valid<\/td>\nThe will is unfair to you<\/td>\n<\/tr>\n
Result if successful<\/td>\nThe earlier will (or the no-will rules) applies<\/td>\nThe court rewrites the shares to be adequate, just and equitable<\/td>\n<\/tr>\n
Deadline<\/td>\nNot the 180 days, but act early; a notice of dispute before probate is best<\/td>\n180 days from the grant<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

How validity challenges work<\/h2>\n