In British Columbia, you have the right to challenge the will if there are certain reasons. You can apply if you were the deceased’s spouse, child, or a dependent who relied on them financially. It is important to understand the process as well as your rights. If you want to know how to challenge a will in British Columbia, then have a look below in the article.
Who Has the Right to Challenge a Will in British Columbia?
It is not allowed for everyone to challenge a will, because there are some rules that must be followed. In British Columbia, only specific people have the legal right to take action against the will, such as:
- The spouse of the deceased
- The biological or adopted children
- People who were financially dependent on the deceased
- People who were named in an earlier will or thought they would be included in the will
Common Reasons for Contesting a Will
It is not possible to challenge a will just because you did not like the will or you did not get what you wanted. The court will only look at certain legal reasons, like:
1. Not Mentally Fit to Make a Will
The person should be fully attentive while making or changing the will. If they were sick, had dementia, or were not fully aware of what they were doing, in this case, their will might not be valid and could be challenged.
2. Being Pressured to Change the Will
If someone is forced to change their will, then it might not be valid because this can be against the descendants. This is common around the world when the person making the will is weak and alone.
3. Improper Execution
There are some rules that should be followed as they are legal steps. The will must be written down and make sure that it is signed by the person making it and properly witnessed. If these steps were not done right, the will might not be accepted by the court.
4. Fraud or Forgery
If the will is found to be fake, altered, or signed through dishonest means, it can be struck down by the court.
5. Unfair Distribution to Spouse or Children (WESA Section 60 Claim)
British Columbia is different from many places because the law allows spouses and children to challenge a will if they weren’t given enough support, even if the will is legally correct. This kind of claim is called a Section 60 claim under WESA.
Steps to Contest a Will in British Columbia
Step 1: Get Legal Advice
First of all, it is important to speak with a lawyer who handles estate cases. They can carefully review the will and understand your current situation. After looking at everything, they will tell you if you have a strong reason to challenge it. Since there are strict deadlines, it is important to act quickly.
Step 2: File a Claim in Court
To officially challenge a will in British Columbia, you need to file a Notice of Civil Claim with the Supreme Court. If you are making a Section 60 claim under WESA, you must do this within 180 days after the court approves the will.
Step 3: Gather Evidence
Your lawyer will help gather things like medical records, old versions of the will, financial papers, and statements from people who knew the situation. If you are saying someone was pressured to change the will, you will need to show proof of it.
Step 4: Attend Mediation or Court Hearings
Many disputes related to wills are settled through mediation, where both sides try to work out a deal with help from a neutral person. If they can’t agree, the case goes to court, and a judge will make the final decision.
What the Court Can Do If Your Challenge Succeeds
If the court agrees that the will is invalid, it may:
- Reinstate an older will
- Distribute the estate according to B.C.’s intestacy laws (if no valid will exists)
- Modify the distribution to make it more fair to spouses or children (under Section 60)
Conclusion
If you are going to challenge a will, then remember it is difficult because it requires a detailed process. This process is here to make sure that wills are made fairly, legally, and with proper intention. If you have the feeling that the will you got is unfair or changed, then do not hesitate to explore your legal options. If you are looking for the best and qualified lawyer, then contact CityLaw for the best legal services.
