When someone passes away, their will outlines how their assets and property should be distributed. In many cases, the will is accepted without issue. However, there are situations where someone may believe the will is unfair, invalid, or does not reflect the true intentions of the person who passed. At HS Law Corporation, HS Law, we assist individuals and families with estate-related matters, including legal disputes involving wills. Our Coquitlam, BC challenging a will attorneys can help you determine your legal optionsl.
Immediate Family Members
Under British Columbia’s Wills, Estates and Succession Act (WESA), certain people have the right to apply to the court to vary or challenge a will. These include the deceased’s spouse (including common-law partners) and children, whether biological or adopted. If a spouse or child feels they were unfairly left out of the will or received less than what is reasonable, they can apply to have the will changed by the court.
The court has the power to vary a will if it finds that the deceased did not make adequate provision for the proper maintenance and support of a spouse or child. The law focuses on fairness and support, rather than simply whether someone was named in the will. We provide our legal services for individuals and businesses alike, and during our initial free consultation, we can go over the details of your case to determine your options.
Stepchildren And Other Relatives
Stepchildren, siblings, and other relatives do not have an automatic right to vary a will under WESA. However, in some cases, they may have legal standing to challenge a will based on other legal grounds. These may include concerns that the will was made under pressure, that the person lacked capacity when they made the will, or that the will was not properly signed or witnessed.
To pursue a claim like this, the person challenging the will must typically have a financial interest in the estate. This means they would benefit if the will were declared invalid, or if an earlier version of the will were upheld instead. Our team can help stepchildren and other relatives contest a will. We’re proud to have many positive testimonials from satisfied clients.
Executors And Beneficiaries
An executor named in the will is responsible for managing the estate, not usually for challenging the will. However, if they believe the will is invalid or if another version of the will surfaces, they may ask the court for direction.
Beneficiaries—people who are named to receive something in the will—may also dispute the will if they believe another will exists, or if they believe the will is the result of fraud or undue influence. These cases often involve legal arguments and evidence, and we guide clients through each step when these issues come up.
Let’s Discuss Your Situation
Disputing a will is a serious step, and whether you are eligible to do so depends on your relationship to the deceased and the facts of the case. If you’re considering challenging a will in Coquitlam, BC, we’re here to help you understand your options. Contact us today to learn more about our wills and estate litigation services!
