Garton & Harris

More about will challenges for British Columbia residents

Recently in our blog, we spoke about the grounds on which a citizen of British Columbia can challenge a will. In that post, we listed several of these grounds along with a brief explanation of what they mean. Now, we would like to focus on what a bereaved family member should do if he or she believes a will is suspicious. First, you can learn about the possible grounds for challenging a will here or on our website if you like.

If you believe the document may be invalid, you probably have a good reason to call your loved one's will into question. Perhaps you and the deceased talked about his or her last wishes at some point, but the will does not reflect these wishes. This does not automatically mean the document is invalid. However, if the disparity between what is in the will and what you know the deceased wanted is significant, your suspicions may hold water.

Another issue that may force grieving family members to challenge a will is the way in which their loved one's estate is being administered. This may become a problem if the family thinks the trustee or administrator is not managing the estate as the deceased wished. In some cases, the family may want that trustee removed and so a will challenge is initiated.

In either case, the first step a family member should take is to reach out to a lawyer familiar with estate law. You need to have a frank discussion with your lawyer and explain why you want the will challenged. If you have any written evidence about your loved one's will, you should ask the lawyer to examine this possible evidence as early as possible.

Will challenges should not be taken lightly. If you are unsure whether or not you may have a reason to challenge the will, feel free to contact our firm for more specific information.

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