What Are the Common Grounds for Contesting a Will In British Columbia?

When a will is called into question, it can often create rifts within families. If you're considering contesting a will, it's imperative to understand the common grounds that usually qualify for the law courts in BC.

Undue Influence

One common ground for contesting a will is undue influence. If it can be proven that the testator was coerced or pressured into making the will or changing it in a certain way, the court may set aside the will.

Lack of Testamentary Capacity

The testator must possess a certain level of mental and physical capacity to create a will. If the testator was suffering from certain health issues such as dementia, for instance, the will can be contested.

Improper Execution

For a will to stand in British Columbia it needs to comply with the specifications under the BC Wills, Estates and Succession act. If it is not in writing and signed by two witnesses, it can be contested.

Fraud or Forgery

In BC, as in many places, a will can be contested if it is suspected to have been born out of fraud or forgery. This would require proof to ensure that the will is, in fact, a false document.

Inadequate Provision for Dependants

British Columbia law allows dependants, children or spouses, to contest a will if it does not adequately provide for their needs. Therefore, failure to sufficiently cater to the needs of dependents is a legitimate ground to contest a will.

Facts Section:

1. Undue influence is one of the grounds someone can contest a will.
2. Should the testator lack testamentary capacity, the will can be contested.
3. Improper execution of a will is a valid ground for contesting.
4. Fraud or forgery is a ground for contesting a will.
5. Inadequate provision for dependants is another common ground for contesting a will in British Columbia.