Upon the death of a loved one, sometimes questions can arise about the contents of their will. This can include whether or not the will truly reflected the intentions of the deceased and whether a Court should vary the will in order to more adequately provide for the deceased’s surviving spouse and children.
Our wills, estates, and trust lawyers understand that the decision to challenge the revisions of a will can be extremely difficult to make. It is oftentimes an emotional time for the people involved, creating a stressful situation that calls for good legal advice.
Coming from an established 40-year practice in Coquitlam, lawyers at DBM know how to approach these difficult situations with tact and understanding, while providing expert and timely legal advice.
Can anyone contest a will?
A child or spouse of the deceased may apply to Court to have a will declared null and void on the basis that it was not executed properly, that it was made as a result of undue influence, or that the deceased lacked the necessary capacity at the time they made changes. If the application is successful, an earlier will prevails. If there is no earlier will, the deceased is deemed to have died without a will, and the Estate Administration Act will apply.
Under British Columbia law and specifically the Wills, Estates and Succession Act, a spouse or child may apply to the Court if they feel the will of the deceased did not make adequate provision for them.