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

Challenging an unfair will or trust might seem like an overly complicated and emotionally taxing process. However, knowing your rights and getting the legal help needed can make the process more manageable. You can find more insights about this in our previous blog post, which covers in depth the legal aspects surrounding this issue.

Understanding Causes for Challenging a Will or Trust

There are various reasons you might feel compelled to challenge the contents of a will or trust. These may include undue influence, lack of capacity, or unexpected last-minute changes. If you find yourself in this situation, being well-informed is crucial. Keep in mind that the burden of proof typically falls on the person contesting the will or trust.

The Legal Grounds for Contesting a Will or Trust

The first step in disputing a will or trust is having a legally valid reason. Grounds for a legal dispute may include; the testator (the legal term for the deceased) lacked the mental capacity to make a will, the will or trust did not comply with legal requirements such as the signature of the testator being witnessed by two witnesses at the same time or the testator was unduly influenced.

Seek Legal Counsel

If you believe you have a valid reason to contest a will or trust, it's always advisable to seek legal counsel. An experienced lawyer will guide you through the complex legal landscape, helping you with submissions of appropriate paperwork, court appearances, and negotiations with the other party.

Litigation Process

Challenging a will or trust can involve a court process. The litigation process may vary based on the specific legal reasons for contesting, the jurisdiction you're in, and the specific facts of the case at hand. 

Timing and Costs

The timing associated with a will or trust challenge is primarily dependent on the facts of the case. Be prepared that this could turn out to be a time-consuming process that may involve high costs. Always discuss potential costs with your attorney at the onset so that you are well aware of all financial implications.

5 Fast Facts about will and trust disputes

1. An individual must have a legally recognized reason to challenge a will or trust.
2. The litigation process can be complex and daunting without the correct legal counsel.
3. A will or trust challenge can potentially be a costly endeavor.
4. The process can differ depending on the location; different regions within Canada will have different laws about wills and estates.
5. In British Columbia, the Wills, Estates and Succession Act provides the primary legislation governing wills and trusts.