We sympathize with how deeply frustrating and challenging it is to be disinherited and left out by a loved one or discover after they pass away that the inheritance you believed you’d be receiving is, instead, smaller than what you expected. Our Coquitlam, BC challenging a will attorneys have helped hundreds of people just like you achieve justice on a wills dispute. We can help you if you and your family have been left out of the will of a close relative, if their estate was unfairly or unequally distributed, or if you suspect that your loved one was subject to undue influence or lacked mental capacity. Only certain people can contest a will in British Columbia and must meet certain conditions to do so. Attorney/founder Hogan Song will review your case, address your concerns, and inform you of the best path forward. We understand that each estate dispute is different and we take the time to build personalized, results-oriented solutions to meet your goals. Please contact HS Law Corporation, HS Law today to learn your legal options.
Challenging A Will Coquitlam, BC
What are your options if you discover that your parents or even your spouse have left you less than what you feel is fair? You’re probably dismayed, hurt, possibly a little embarrassed, and may face dire financial straits if you were counting on an inheritance to help alleviate financial burdens. Fortunately, Canadian laws account for certain factors, such as addressing issues of whether a vulnerable senior may have had undue influence exerted on them or the property rights that a close family member may be entitled to. Our wills variation and dispute litigators have a significant depth of knowledge of British Columbia and Canadian inheritance laws, and we can advise you of your rights.
Although most will challenges occur after the probate process has started (i.e., once the contents of the will have been made public), in British Columbia, challenging a will or objecting to the validity of a will can also occur before the document has been entered into probate (or administration). There are many benefits to contesting the will before probate starts, but you must act fast. Our lawyers can file a Notice of Objection on your behalf, keeping the will from entering probate until the court has the chance to address the issue you raise.
Even if the probate process has started, you may still have options. The court may halt the process if an interested party raises one of the legal grounds to challenge the will, such as an improperly executed will, the presence of undue influence on the testator (the deceased), or that the testator did not have the capacity to write the will.
We may also address unclear language in the will, as there may be confusion over what your loved one intended.
Your Inheritance Is Important. Our Experience Matters
Our lawyers are family-focused, local, and are familiar with the process of challenging a will in British Columbia. Our experience means that we sympathize with your frustrations and know just how much hinges on the outcome of your challenge to your loved one’s will. We have the experience you need for the best possible outcome for your case:
- Proud member of Tri-Cities Chamber of Commerce, Tri-Cities Seniors’ Action Society, New View Society, Better Business Bureau
- Member in good standing with the Law Society of British Columbia.
- Personalized, results-focused solutions for litigation matters
When you’re grieving the loss of someone close to you, the last thing you want to face is the stress of a legal battle over their estate that you believe is not adequate, just, and equitable. That’s why our legal team handles the entire matter for you, including drafting all documents and petitions, building your case, and presenting it before the court. Attorney Hogan Song has over twenty years of litigation experience and knows how to build a winning case. We believe in clear communication, transparent pricing, and results-driven solutions. Contact HS Law Corporation, HS Law today for a 30-minute consultation.
Types Of Challenging A Will Cases We Handle
HS Law’s estate litigation team handles disputes related to how estates are managed and distributed, offering guidance to those facing contested matters. The firm regularly advises individuals on both contesting and defending wills, offering legal support in situations where fairness, legal validity, or capacity is in question. With a focus on resolving disputes involving family members and beneficiaries, the firm handles issues related to wills that may have been altered under pressure or created without proper legal requirements. Whether the concern stems from undue influence, lack of capacity, or exclusion from a will, the team applies a practical approach to each matter. These services support those involved in Coquitlam, BC challenging a will in situations where legal intervention becomes necessary.
Disputes Based On Undue Influence
In some situations, one individual may have pressured the will-maker into signing or modifying a will against their true intentions. This type of dispute often involves vulnerable individuals who relied heavily on a caregiver or relative.
Claims Involving Lack Of Testamentary Capacity
A person making a will must be mentally capable of understanding their assets, beneficiaries, and the consequences of their decisions. Challenges may arise when medical evidence or witness accounts suggest the will-maker did not fully understand what they were signing.
Allegations Of Fraud Or Forgery
Concerns about a forged signature or false representations can lead to formal claims questioning the legitimacy of a will. Fraud-based cases are typically supported by document analysis and testimony from those familiar with the circumstances.
Disinheritance And Fairness Disputes
If a spouse or child is left out of a will, provincial laws that protect dependents may allow for a legal challenge to the terms. These situations are particularly sensitive and often require legal review of both the will and the family’s financial history.
Issues With Execution Or Witness Requirements
A will that does not meet the formal legal requirements—such as lacking proper witnesses or signatures—may be open to challenge. Even small errors in the process can lead a court to deem the will invalid or unenforceable.
Multiple Wills And Conflicting Documents
If more than one will exists, questions often arise about which one reflects the final intentions of the deceased. Courts will consider the dates, surrounding circumstances, and legal validity of each document when resolving these disputes.
Executor Misconduct Or Conflicts of Interest
In some cases, the executor of an estate may act in a way that benefits themselves or creates conflict with the beneficiaries. Allegations of misconduct can lead to challenges that impact the administration of the will and future distributions.
Legal Support For Disputed Inheritance Cases
Estate litigation can be necessary when someone believes their legal rights have been overlooked or compromised. A Coquitlam challenging a will matter may involve formal objections in probate court, document review, or settlement discussions, depending on the facts of the case.
Support For Will Disputes And Estate Litigation
HS Law Corporation provides legal support in will contests, estate disputes, and other matters where the distribution of assets is in question. The firm’s legal team addresses issues such as unexpected will changes, the exclusion of close family members, or problems with how the will was executed, approaching each case with focus and practical direction. Our Coquitlam challenging a will lawyer at the firm may assist with court filings, negotiations, or reviews of witness and medical records. To speak with someone about your estate dispute, contact HS Law Corporation today.
5 Common Misunderstandings About Will Disputes
When someone passes away, emotions often run high—especially when it comes to the contents of their will. At HS Law Corporation, HS Law, we regularly speak with clients who have questions or concerns about whether a will is valid or fair. Unfortunately, many people have the wrong impression of how will disputes actually work. Let’s explore some common misconceptions our Coquitlam, BC challenging a will attorneys often experience.
1. Anyone Can Dispute a Will
This is not true. In British Columbia, only certain people have the legal right to challenge a will. Under the Wills, Estates and Succession Act (WESA), the most common parties who can bring a claim are spouses (including common-law partners) and children of the deceased. Other individuals, such as siblings, stepchildren, or distant relatives, usually can’t challenge a will unless they were financially dependent on the deceased or have another legal basis for a claim.
2. Being Left Out Means the Will Is Invalid
Not necessarily. Just because someone is left out of a will does not mean it is automatically invalid. A person has the right to decide how to distribute their estate. However, the law also allows spouses and children to apply for a fair share if they believe the will fails to provide for them properly.
3. You Can Contest a Will at Any Time
There are time limits. In British Columbia, if you want to vary a will under WESA, you must file your claim within 180 days of the will being granted probate. Waiting too long can mean you lose the right to challenge it altogether. Other types of claims, such as those based on undue influence or lack of capacity, may follow different rules. We recommend calling our Coquitlam challenging a will attorneys as soon as possible to file your claim. We have several positive testimonials from clients who appreciate how quickly and thoroughly we move.
4. Handwritten Wills Cannot Be Contested
They can still be challenged. A handwritten will, also known as a holograph will, may be valid if it meets certain legal requirements. However, like any will, it can be challenged on grounds such as undue influence, fraud, or lack of mental capacity. Just because a will is handwritten does not make it immune from legal review. Whether you’re challenging or defending a handwritten will, legal advice is important to clarify your position.
5. Will Disputes Always Go to Court
Not always. Many will disputes are resolved through negotiation or mediation, without a full court trial. In fact, courts often encourage families to resolve matters outside the courtroom when possible. This can save time, money, and stress. Still, in some cases—especially those involving significant disagreements or large estates—a court decision may be necessary. If you’re involved in challenging a will in Coquitlam, BC, we help you understand both the risks and opportunities before moving forward.
Speak With Us About Your Next Step
Disputing a will is a legal process with strict rules and limits. It’s important to know who can take action and under what grounds. Our Coquitlam challenging a will attorneys are just one call away. We’ve represented numerous individuals and families so contact us today to learn more!
