How long do I have to challenge a will in British Columbia?

Under the Wills, Estates and Succession Act (WESA), you generally have 180 days from the date the grant of probate is issued to file a Wills Variation claim in British Columbia.

Who is eligible to contest a will in BC?

In BC, legal standing to bring a Wills Variation claim is strictly limited to the spouse (including common-law partners of at least two years) and the biological or legally adopted children of the deceased.

What are the common grounds for an estate dispute in Kamloops?

Common grounds for estate litigation include lack of testamentary capacity, undue influence, or claims that the will-maker failed to provide adequate, just, and equitable support for a spouse or child.

Estate and Probate Disputes Lawyers

Estate Litigation and Will Challenges

AuBuchon Law represents beneficiaries, executors, trustees, spouses, and adult children involved in estate disputes throughout British Columbia.

We assist clients with:

Wills Variation claims
Challenges to the validity of wills
Undue influence claims
Capacity-related estate litigation
Executor and trustee disputes
Probate disputes
Estate accounting disputes
Joint property and trust claims

Whether you are concerned about an inheritance, an executor’s conduct, or the validity of a will, we can help you understand your options and protect your interests.

Wills Variation Claims

British Columbia law allows spouses and children to ask the court to vary a will if it does not make adequate, just, and equitable provision for them.

We assist clients with:

Assessing the strength of a potential claim
Negotiating settlements before trial
Protecting estates against variation claims
Resolving disputes through mediation and litigation
Court applications under the Wills, Estates and Succession Act

If you have been disinherited, inadequately provided for, or are defending a claim against an estate, we can help you understand your options and protect your interests.

Challenging the Validity of a Will

If you believe a will does not reflect the deceased’s true intentions, we can advise you regarding potential claims involving:

Undue influence
Lack of testamentary capacity
Fraud or forgery
Improper execution of the will

We assist beneficiaries, family members, and executors in assessing the strength of a claim and pursuing appropriate court remedies where necessary.

Undue Influence and Capacity Claims

Many estate disputes arise when family members question whether the deceased understood the documents they signed or whether someone improperly influenced their decisions.

We assist clients with claims involving:

Elder abuse
Caregiver influence
Dependency relationships
Significant last-minute changes to estate plans
Capacity concerns involving wills, powers of attorney, and related documents

These claims often involve complex factual and medical issues that require experienced legal representation.

Executor and Trustee Disputes

Executors and trustees are responsible for protecting estate assets, paying debts, maintaining records, and carrying out the wishes of the deceased.

Disputes can arise when beneficiaries believe:

The estate is not being administered properly
Information is being withheld
There are unreasonable delays
The executor has a conflict of interest
Estate assets are being mismanaged

We act for both beneficiaries and executors in applications for directions, executor removal applications, and other estate administration disputes.

Estate Accounting and Passing of Accounts

Executors are generally required to account for their management of an estate and explain how assets have been handled.

We assist with:

Requests for estate information and disclosure
Informal approval of estate accounts
Passing of accounts applications
Challenges to executor compensation
Disputes regarding estate expenditures and distributions

Whether you are an executor preparing accounts or a beneficiary seeking answers, we can assist in resolving accounting disputes efficiently and effectively.

Joint Property and Trust Claims

Disputes frequently arise regarding jointly owned assets, beneficiary designations, and transfers made before death.

We assist clients with:

Joint account disputes
Joint tenancy disputes
Resulting trust claims
Constructive trust claims
Beneficiary designation disputes
Ownership disputes involving estate assets

Determining whether property belongs to an estate or passed outside the estate can significantly impact inheritance rights and estate administration.

Related To

Frequently Asked Questions About Estate Disputes in British Columbia

What is an estate dispute?

An estate dispute is a disagreement about how a deceased person’s property, known as the estate, is managed or distributed. Estate disputes in British Columbia often involve concerns about the validity of a will, the conduct of an executor, or whether a spouse or child received adequate provision under the will.

Who can challenge a will in British Columbia?

Anyone with a financial interest in the estate may challenge the validity of a will, including beneficiaries named in the will, beneficiaries under a previous will, and individuals who would inherit if there were no will. Spouses and children may also apply to vary the will under the Wills, Estates and Succession Act if they believe it does not make adequate, just, and equitable provision for them.

How long do I have to start a Wills Variation claim?

A Wills Variation claim must be filed within 180 days after the court issues the grant of probate or administration. The claim must then be served within 30 days of filing. Missing this deadline usually prevents an eligible person from bringing a variation claim.

What is undue influence?

Undue influence occurs when a person is pressured or dominated into making decisions, such as signing a will, that do not reflect their true intentions. Courts examine factors such as dependence, vulnerability, isolation, and whether the person benefiting from the will was involved in its preparation.

Can an executor be removed?

Yes. A court may remove an executor when the executor is unwilling or unable to act, has acted improperly, has a conflict of interest, or has lost the confidence of the beneficiaries. The court’s focus is always on the best interests of the estate and will not make the decision to remove an executor lightly.

Are handwritten or informal wills valid in British Columbia?

Possibly. The Wills, Estates and Succession Act gives the court authority to validate a document that does not meet formal requirements if it reflects the deceased’s final testamentary intentions. The court must be satisfied the document was intended to function as a will.

Legislation

Estate claims in British Columbia are governed by provincial legislation, including:

Executor Accounting

An executor’s duty to account is a fundamental responsibility in the administration of an estate. When someone is appointed as the executor of a deceased person’s estate, they take on the role of managing and distributing the assets and property according to the terms of the will or applicable laws. Part of this role includes providing a detailed and accurate account of their activities and transactions to the beneficiaries and the court, if necessary.

Joint Property

Property owned jointly with the deceased may or may not form part of the estate. Just because a joint owner asserts that they are not required to share the joint property with the estate does not mean that this is true.

Gather More Information

Wills & estates | People’s Law School (peopleslawschool.ca)

WILLS AND ESTATES (lslap.bc.ca)

Cautions & Considerations

This webpage is not legal advice and should not be treated as a substitute for consulting a lawyer. It’s important to note that estate law can be complex, and resolving these disputes often requires legal assistance. Parties involved in estate disputes in British Columbia may seek resolution through negotiation, mediation, or litigation in the British Columbia Supreme Court or the British Columbia Court of Appeal, depending on the circumstances and the nature of the dispute. Consulting with an experienced estate lawyer is advisable in order to obtain the best outcomes when facing such disputes.

Private

Legal privilege, also known as attorney-client privilege or solicitor-client privilege, is a fundamental legal principle that protects certain confidential communications between a client and their legal counsel from being disclosed or used as evidence in court or other legal proceedings.

Legal Protection

While hiring a lawyer involves legal fees, the benefits often outweigh the costs, especially in complex or high-stakes legal matters.

We Take Care

Lawyers have extensive training and education in the law, allowing them to provide you with expert legal advice and guidance. They are well-versed in the intricacies of the legal system and can interpret complex laws and regulations.

Additional Posts

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