Will challenges · British Columbia
Will may not be valid? Will challenge lawyers in Abbotsford, Surrey and Vancouver
A will can be set aside if the person who made it lacked mental capacity, was pressured or manipulated (undue influence), or did not sign it properly. If the court finds a will invalid, an earlier valid will, or the rules for estates without a will, apply instead. We help families bring and defend these claims.
- Lack of mental capacity
- Undue influence
- Signing and witnessing problems
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Has the executor applied for probate? To stop a grant of probate while you challenge the will, a notice of dispute must be filed before the grant is issued (Supreme Court Civil Rules, Rule 25-10). It stays in effect for one year unless the court renews it.
These cases turn on evidence gathered early:
- Medical records and doctors’ notes from around the time the will was signed
- The lawyer’s or notary’s file and notes on how the will was made
- Earlier wills, and how and why they changed
- Who arranged the appointment, who was in the room and who benefits
The will-maker’s lawyer or notary file is often the most important document. We move quickly to request it.
Timing matters:
- Before probate is granted, a notice of dispute stops the grant from being issued (Rule 25-10).
- A notice of dispute lasts one year; the court can renew it or remove it.
- If probate has already been granted, an application to revoke the grant may be needed.
Each person can file only one notice of dispute for an estate, so it should be used deliberately.
- Preserve the evidenceWe identify the records and witnesses that matter and take steps to preserve them early.
- Protect your positionWhere needed, we file a notice of dispute before probate is granted.
- Obtain the recordsWe request the will file, medical records and earlier wills, through the court if necessary.
- Settle or go to courtMany challenges settle at mediation; if not, we take the case to the Supreme Court of British Columbia.
Will challenge questions
Only if the dementia meant they lacked capacity when they made the will. Many people with early dementia still have capacity. Evidence from around the date the will was signed matters most.
The person relying on the will. If it was properly signed and witnessed, the court presumes capacity and knowledge of its contents, but once suspicious circumstances are shown, they must prove both. For undue influence, the challenger usually carries the burden, except where section 52 shifts it.
The court applies the will-maker’s previous valid will. If there is none, the estate is shared under the rules for estates without a will.
Act early. A notice of dispute must be filed before probate is granted to stop the grant, evidence becomes harder to get over time, and a wills variation claim has a strict 180-day deadline.
Sometimes. Under section 58, the court can approve a document that does not meet the formal rules if it clearly shows the will-maker’s final intentions.
Official sources: Wills, Estates and Succession Act, sections 36–58Supreme Court Civil Rules, Part 25 (Rule 25-10, notice of dispute)
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Other probate and estate services
Probate – there is a willProbate – there is no willEstate litigationUnfair will (wills variation)Problems with an executorAbbotsford estate lawyersSurrey estate lawyers
Will challenges help in Abbotsford, Surrey and Vancouver
Meet us at any of our offices, or by phone or video from anywhere in Canada or abroad.
Concerned a will is not valid?
Book a consultation as early as possible, ideally before probate is granted, so the evidence can be preserved.