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