British Columbia Law
Can You Contest a Will in BC If Left Out?
Can you contest a will in British Columbia if you were left out? I have practised law in British Columbia since 1991, and being left out of a will is one of the most painful things a family can face. The short answer is that you may have options, but they depend on who you are, and the time limit is short.
Who can ask the court to vary a will?
Under British Columbia's Wills, Estates and Succession Act, a spouse or a child of the person who died can ask the Supreme Court to vary a will that does not make adequate provision for their proper maintenance and support. A spouse includes a married spouse and, in many cases, a common-law partner who lived with the person for at least two years.
A child includes an adult child. Other relatives and friends are in a narrower position and should get advice about their own facts.
What does the court look at?
Courts consider both legal obligations, such as financial dependency, and moral obligations that come from the family relationship.
They look at things such as:
- the size of the estate
- your financial need and circumstances
- the needs of the other people named in the will
- any reasons the person gave for leaving you out
- how the person treated their family during their lifetime
There is no guarantee of a particular result. Each case turns on its own facts.
The 180-day time limit A wills variation claim generally must be started within 180 days of the grant of probate. Missing that deadline can end your claim, so it is important to speak with a lawyer as soon as you learn about the will. Other reasons a will may be challenged Sometimes the issue is not fairness but validity.
A will may be questioned if, for example:
- the person did not have the mental capacity to make it
- someone pressured the person (undue influence)
- the will was not signed and witnessed properly
- there are suspicious circumstances around how it was made
These claims need evidence and careful handling, and they can be complicated. What to do next 1.
Get a copy of the will and find out whether probate has been granted. 2. Note the dates. The 180-day period runs from the grant of probate. 3. Gather information about your relationship with the person, your finances and the estate. 4. Get legal advice early. A lawyer can tell you whether you have a claim and the best way forward. 5. Consider settlement.
Many disputes are resolved by agreement or mediation (each party still needs their own lawyer for legal advice; a mediator must stay neutral). We always recommend that your own lawyer attends with you, so that you can avoid making decisions under pressure. This article is general information about British Columbia law, not legal or tax advice. Every situation is different.
Consultations are by phone or secure video, and all meetings are by appointment only. Call (778) 728-0208 or contact us.
Can an adult child contest a will in BC?
Yes. A child, including an adult child, can ask the Supreme Court of British Columbia to vary a will that does not make adequate provision for their proper maintenance and support. The result depends on the facts.
Can a common-law partner contest a will in BC?
In many cases, yes. A person who lived with the deceased in a marriage-like relationship for at least two years may qualify as a spouse for a wills variation claim.
How long do I have to challenge a will in BC?
A wills variation claim generally must be started within 180 days of the grant of probate. Speak with a lawyer as soon as you can.
What if I am not a spouse or child?
Your options are narrower, and they depend on your situation. You may be able to question the validity of a will or have another type of claim. A lawyer can review the facts with you.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.