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Wills & Estates

Can a Will Be Challenged for Fraud or Forgery in British Columbia?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

This answer covers the law of British Columbia.

Yes. A will can be challenged in British Columbia if you believe the signature is not genuine or the will was obtained by deceit, but you will generally have to prove it. A person alleging fraud or undue influence generally still has the burden of proving it.

Fraud and forgery are different from a claim of lack of capacity or undue influence. Capacity is about the will-maker's state of mind. Undue influence is about pressure, and WESA s. 52 can shift the onus to the person defending the will once the challenger shows a position of potential dependence or domination. A forgery claim asks whether the will-maker really signed. That is why the signing witnesses matter, since a valid signing needs two or more witnesses present at the same time.

If probate has been applied for, a person who receives notice can file a notice of dispute using Form P29. A formal challenge is made by applying to prove the will in solemn form under Rule 25-15. Because the facts matter so much, a lawyer can confirm which route fits your situation.

Key takeaways

  • A person alleging fraud or undue influence generally still has to prove it.
  • Undue influence has its own rule in WESA s. 52, which can shift the onus to the person defending the will once potential dependence or domination is shown.
  • A valid signing needs two or more witnesses present at the same time, and witnesses must be 19 or older, so they are key evidence in a forgery dispute.
  • A person who receives notice of a probate application can file a notice of dispute using Form P29 under Rule 25-10.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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