What Are the Common Grounds for Contesting a Will?

Many individuals crystallize their final wishes in a will, a legal document outlining the distribution of their assets after their death. However, not all stand as uncontested after their demise. So, what are the common grounds for contesting a will?

Understanding the Basis of Contesting a Will

In British Columbia contesting a will means legally challenging the validity of a will in a court of law under the BC Wills and Estates and Succession Act (WESA). This usually happens when an individual believes that the will does not reflect the real intention of the deceased, or if some legal formalities were not observed during its creation.

The Common Grounds

In British Columbia, the common grounds for contesting a will are:

1. Invalid Will Execution: Every jurisdiction has different laws regarding how a will must be executed. In British Columbia, if the legal requirements were not met during will execution, this constitutes grounds for contesting it.
2. Testamentary Capacity: This refers to the mental competence of the person at the time the will was made. If it can be proven that they did not understand the nature of the will, its effect, and the extent of the property, the will can be contested.
3. Undue Influence: This refers to instances where the testator was coerced or manipulated into signing the will. If the influence altered the testator's decision, the court may void the entire will or the specific parts under dispute.
4. Fraud or Forgery: If there's evidence that the will or part of it was forged, or the testator was tricked into signing it, the court may deem it invalid.
5. Inadequate Provision: In some cases, close relatives or dependants could be left without adequate provision in the will. In such cases, they may contest the will on the grounds of not receiving reasonable financial provision.

Key Takeaway

Understanding the common grounds for contesting a will under British Columbia law can be the key to safeguarding the wishes and intentions of the deceased. In complex cases, seeking the assistance of a legal expert in the field is always advised.

Five Fact Bullet Points

• In British Columbia, if the legal requirements were not met during will execution, it forms the grounds for contesting the will.
• Undue influence, which implies manipulation or coercion, is a common ground for contesting a will.
• Fraud or forgery is a valid reason to challenge a will, if it can be proven.
• Spouses or children of the deceased can contest a will if they are left without adequate provision.
• Consulting a legal expert is always advisable when contesting a will, to ensure a fair and just outcome.