Can I contest a will in British Columbia, and who is allowed to?
This answer covers the law of British Columbia.
Yes, you may be able to, but it depends on who you are and why you object to the will. The main route is a wills variation claim, and only the will-maker's spouse or children can bring one. The court may order adequate, just and equitable provision from the estate if the will does not adequately provide for the proper maintenance and support of a spouse or child.
Other challenges go to whether the will is valid at all. These include a will-maker who lacked mental capacity, undue influence, and a will that was not signed and witnessed as required. Even then, the court may uphold a document that missed the formalities. Each route asks a different question.
Who counts as a spouse matters. Married people and people who lived together in a marriage-like relationship for at least 2 years qualify, but separated married spouses and former common-law partners may not. A wills variation claim must be started within 180 days from the date the grant of probate or administration is issued in British Columbia. Deadlines are strict, so it is worth speaking to a lawyer early about which route fits.
Key takeaways
- Only the will-maker's spouse or children can bring a wills variation claim under section 60 of the Wills, Estates and Succession Act.
- In a wills variation claim, the court asks whether the will makes adequate provision for proper maintenance and support, and it may order what is adequate, just and equitable.
- A will can also be challenged as invalid for lack of mental capacity, undue influence, or not meeting the signing and witnessing rules.
- Separated married spouses and former common-law partners may not count as spouses, so your status at the date of death matters.