How Can You Challenge an Unfair Will or Trust in British Columbia?

When a dear one passes away, dealing with emotions and at the same time managing the administration of their estate can be a challenging task. Moreover, when the allocations of the will or trust seem unfair, it can further complicate matters. If you find yourself facing such circumstances in Victoria, British Columbia, or any nearby areas like Nanaimo, Tofino, or Port Renfrew, this post will guide you on how to challenge an unfair will or trust.

Understanding When a Will or Trust can be Challenged

A will or trust can be typically challenged when you believe the document was signed under duress, if the deceased was not in their right mind while signing, or if there was fraud involved. If you are a direct heir or a legal beneficiary residing in British Columbia: Victoria, Nanaimo, Tofino, or Port Renfrew, you have the legal standing to challenge the will or trust.

Taking Legal Steps to Contest

If it seems that the will or trust represents an unfair division of assets, the first step is to seek legal advice. A law firm, like the ones described in this informative post, can provide valuable insights into how to navigate the complex legal waters surrounding wills and trusts.

Grounds for Challenging a Will or Trust

Not every discontented person has the right to challenge a will or trust. There must be valid grounds for legal objections. The most common ones involve concerns over the deceased's mental capacity during the time when the document was signed or suspicions of undue influence or fraud.

Timeframe for Challenging a Will in British Columbia

The Wills, Estates and Succession Act (WESA) in British Columbia states that a will variation claim must be filed within 180 days from the Grant of Probate. Therefore, you should act promptly if you are considering to challenge a will or trust.

Consider Mediation

We understand that family relationships can get strained while disputing a will. So, it may be beneficial for all parties involved to consider mediation before proceeding with legal action. Mediation is often a faster, more cost-effective, and private alternative to a court case, especially in sensitive times of grief.

Fascinating Facts About Wills and Trusts in British Columbia

• Fact 1 - British Columbia is the only province in Canada where you can make a will at the age of 16. In most other provinces, the age is 18.
• Fact 2 - A will can be revoked in various ways, such as by creating another will, by intentional physical destruction, or by law upon marriage in some provinces.
• Fact 3 - There is no inheritance or estate tax in British Columbia. Although the estate may have to pay income tax and probate fees.
• Fact 4 - If a person dies without a will in British Columbia, their estate is distributed according to the Wills, Estates and Succession Act.
• Fact 5 - Digital assets like social media accounts, emails, online banking accounts etc. can also be a part of the will in British Columbia.