Legal Services for Individuals & Families

Issues Related to Challenging the Validity of a Will or Setting Aside a Will

A Will is a complex legal document. In British Columbia, there are specific rules that must be followed in order to create a valid Will. These rules are set out in the Part 4 of Wills, Estates and Succession Act (“WESA”) and judge-made law or “common law”. If there is doubt about the way the Will was created, the Will may be vulnerable to attack. If a Will is successfully challenged and declared invalid and the person who died did not have a previous Will, then his or her estate will be distributed according to the intestacy provisions of WESA.

We are able to advise and represent you in matters related to challenging a Will, including the following:

  • If you have concerns about whether a particular Will was signed or witnessed properly;
  • If you have concerns that the will-maker or “testator” did not know or approve of the contents of his or her Will;
  • If you suspect that a person’s Will was created under suspicious circumstances and you need help to determine if the Will is valid;
  • If you suspect a Will was made while the testator was under the influence or control of another person and you need help to determine if the Will reflects the testator’s true wishes; and
  • If you think that a person made his or her Will when he or she was mentally incapable or lacked the mental capacity to make the Will and you would like to challenge the Will on that basis.

← back to Estate and Trust Litigation