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Challenging a will in British Columbia

In some cases, after a loved one has passed, family members may be shocked at a will that was left behind. You may question whether your loved one validly executed the will, and you may not know what to do to challenge seemingly unfair or nonsensical distributions of assets.

Provincial law allows people to challenge a will. A common ground for a challenge may include situations in which the requisite number of witnesses to the will or proper signatures were not met. You may also have concerns that your loved one was coerced into writing a will for the benefit of the person influencing them to do so, or that they did not have the mental capacity needed to draft the will at the time it was written.

Other problems with wills that may lead to challenges include those that do not sufficiently provide for a spouse and children who are left behind. If the document fails to include provisions for assets that are outside of the will but which were intended to be distributed to certain beneficiaries, this might also be grounds for a challenge. In some cases, you may also be unhappy with the actions of the trustee or estate administrator and believe they should be removed or replaced.

At Garton & Harris, our lawyers experienced in helping their clients with will challenges. We understand that challenging a will after a loved one's death may stir heightened emotions combined with grief, and we try to approach each client's case accordingly. Our firm is also familiar with the type of evidence that is needed in order to mount a successful will challenge, and we may be able to help our clients gather the needed documentation to support their cases. Will challenges often bring many questions, and so we have compiled information to help our potential clients. If you would like to learn more, you may want to review our page that discusses will challenges.

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