Contesting a will in Canada, including the British Columbia province, is no easy matter. In fact, it is often difficult and frustrating and generally requires legal assistance in order to be successful. If you think about it, it is a good thing that it is not a simple affair. The difficulty means only those who have a legitimate reason to challenge a will proceed with this goal.
Having said that, you should know that it certainly is possible to challenge a loved one's will. Canadian law makes it possible to challenge a will on several grounds. Some of these legal grounds are:
One of the most common grounds for contesting a will is if the document did not provide for a spouse or children. In British Columbia, these dependents have the legal right to challenge the will when it fails to provide adequate provisions for them.
Another reason a will may be contested is if an interested party believes the testator did not have the required mental capacity to create a will. Typically, this means the party making the will did not have a proper understanding of what they were doing.
Undue influence is another reason a loved one may contest the deceased's will. Undue influence occurs if the testator was forced or coerced into making his or her will a certain way.
Finally, fraud is another common reason a will may be challenged. When someone believes a will has been forged or otherwise falsified, it is a good reason to proceed with legal action.
Even with these valid reasons to contest a will, you will likely benefit from the help of a lawyer to achieve success. One way to get started is to schedule a consultation with a lawyer who serves residents of British Columbia.
Source: LegalLine.ca, "Contesting or challenging a Will," accessed Feb. 17, 2016