When a loved one passes away, managing their estate can be challenging, particularly when the will is called into question. In some cases, people may believe the will doesn’t reflect the true wishes of the deceased. Whether the concern stems from potential undue influence, mental capacity issues, or suspicious changes made late in life, challenging a will is a legal step that some families may need to consider. As a Coquitlam, BC will dispute lawyer, we work with individuals and families who need to take action when the probate process raises serious concerns.
Recognizing Grounds For A Legal Challenge
A will can be challenged for several legal reasons. One common issue is undue influence, where someone may have pressured the deceased into changing their will in their favor. This is often suspected when a new beneficiary appears late in life or when long-standing wishes seem to have changed suddenly.
Another reason to challenge a will is lack of capacity. If the person making the will wasn’t mentally capable of understanding what they were signing at the time, the will may not hold up in court. This often involves reviewing medical records, witness testimony, and other evidence to establish whether the individual had the legal capacity to make those decisions.
Wills that were improperly executed can also be challenged. In British Columbia, legal requirements must be followed when drafting and signing a will. If the will wasn’t signed in front of witnesses or lacks key elements, it may be declared invalid.
Steps To Start The Process
To begin challenging a will, we need to file a claim in the Supreme Court of British Columbia. This must be done within a certain time limit—generally 180 days from the date probate is granted. Missing this deadline may stop the court from considering the case, so it’s critical to act without delay.
The next step is gathering evidence. We often work with clients to collect financial records, communication history, medical documentation, and other information that helps support the claim. Witnesses may also be asked to provide sworn statements about what they observed during the will-making process.
The goal is not just to raise doubt about the will’s contents, but to provide credible information that shows it may not reflect the deceased’s true intentions.
Legal Support That Aligns With Your Needs
At our firm, we offer tailored estate litigation services, including assistance with wills variation claims under the Wills, Estates and Succession Act. We also provide clear communication and practical strategies to guide clients through each stage of the process. When a dispute involves sensitive family dynamics or financial pressure, having support that focuses on both legal rights and long-term resolution is important.
Getting The Right Help At The Right Time
If you’re dealing with concerns about the validity of a will, taking timely and well-planned action is important. At HS Law Corporation, HS Law, we help clients make informed decisions and move forward with confidence. For anyone seeking trusted advice in this area, our firm can assist you with the steps necessary to contest a will and protect your interests.
