Challenging a Will is a legal process that allows individuals to contest the validity of the document. In British Columbia (BC), as in many other jurisdictions, there are specific grounds on which a Will can be contested. This blog post aims to shed light on the grounds for challenging a Will in BC. Lack of Testamentary Capacity. When challenging a will, dates are crucial. If you are a child or a spouse, there is a 180-day limitation period during which you can bring your claim. This means you must file a notice of civil claim within six months from the date probate was granted. However, there are three exceptions to this rule:
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Contesting a will in BC can occur before or after the probate process has begun. Most will contests are made after a will has entered probate.. With 21 office locations throughout the Lower Mainland and in other areas of British Columbia, our legal team is ready to help. Fill out the form for a complimentary, no-obligation consultation with.. Specifically in British Columbia, spouses and children have the right to challenge the deceased’s Will on the basis that the deceased “failed to make adequate provision” for them. The courts have found that although there are no legal obligations to provide for adult children, there is a moral obligation if there are sufficient assets.
