When a family member or loved one passes away, the contents of their will can sometimes come as a surprise. In British Columbia, there are several legally recognized grounds for contesting a will.
1. Lack of Testamentary Capacity
For a will to be valid, the person making it must have been of sound mind at the time it was signed. The testator must understand the nature of making a will, know the extent of the property they are disposing of, and be free from any disorder of the mind.
2. Undue Influence
Undue influence occurs when someone pressures, manipulates, or coerces the testator into making a will that does not reflect their true wishes.
3. Improper Execution
BC's Wills, Estates and Succession Act (WESA) sets out specific formal requirements: the will must be in writing, signed by the testator, and witnessed by two people present at the same time.
4. Inadequate Provision for Dependants
Under WESA, a testator has a legal and moral obligation to make adequate provision for their spouse and children. This is one of the most common types of estate disputes in BC.
What to Do
Time limits apply to estate challenges in BC, so it's important to act quickly. Contact Nanuq Law for a confidential consultation.
