5 Grounds for Contesting a Will in British Columbia
This article contains general information and is not legal advice. For qualified legal advice, please contact us to get in touch with a British Columbia Estate Lawyer.
While contesting a will can be a challenging and emotional experience, it serves as an important legal process to ensure fairness, preventing wills that are fraudulent or improperly executed.
There are several grounds for which you can contest a will in the Supreme Court of British Columbia. In this article, we’ll dive into 5 common grounds for contesting a will in British Columbia.
Unjust Enrichment
In the context of wills, “unjust enrichment” refers to claims made by individuals alleging that their contributions to the deceased’s estate were inadequately rewarded via the will. Accusations of unjust enrichment could arise when someone provides valuable services or support on the precedence that they will receive a portion of the estate as a result. If the person providing the valuable services and/or support does not receive proper compensation through the will, they can challenge the will.
To establish an unjust enrichment claim in British Columbia, three conditions must be met:
- The estate must have benefited or been “enriched” from the claimant’s contributions.
- The claimant must have experienced a loss or deprivation in connection with that enrichment.
- There must be no legal or moral justification for the estate to keep the benefits received.
Unjust enrichment claims provide a pathway for individuals who are not directly related to the deceased, such as friends or long-term caregivers, to seek compensation for contributions made.
Here’s an example of what could be defined as unjust enrichment:
- A non-relative working for the family business provided unpaid help with the understanding that they would inherit the business after the owner passed. However, they were ultimately omitted or underrepresented in the will, and did not inherit the business as they were originally led to believe. In this case, the estate, or business, was enriched by the person’s efforts, but they were not properly compensated. They may have grounds for an unjust enrichment claim.
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Misinterpretation of Will
When the executor, estate administrators, and the will’s beneficiaries first review a copy of the will, they may have clashing interpretations on what it means, leading to conflict.
When a will is written, it should be as direct as possible to avoid misinterpretation. However, with the rise of D.I.Y will-making, unclear language is becoming more common and leading to more problems in estate distribution after death.
If the language of the will is ambiguous, a court may be called upon to provide an interpretation. The court’s decision will ultimately dictate how the estate’s assets are allocated.
Lack of Testamentary Capacity
One basis for contesting a will is the claim that the testator lacked the mental capacity to fully comprehend the nature and implications of the will at the time it was made. This is formally known as a lack of testamentary capacity. Signs that might indicate a lack of testamentary capacity include:
- Medical conditions or mental disorders—such as dementia—that could impair cognitive functions.
- Evidence of confusion, memory loss, or challenges in communication.
- Influence from drugs or alcohol that could alter their decision-making.
Improper Execution of the Will
The Wills, Estates and Succession Act (WESA) outlines how a will should be executed in British Columbia in order to be considered valid. If the will is not executed accordingly, it could be declared invalid.
For a will to be properly executed, as defined in the WESA, it must be:
- Written and signed by the testator.
- Witnessed by at least two individuals who are of sound mind and of legal age to act as witnesses.
Failure to do this means the will cannot be utilized for estate distribution. In the absence of a valid will, the court will determine how the estate will be divided.
Do you believe a will has been improperly executed? Get legal advice from a Fraser Valley estate lawyer!
Undue Influence
Undue influence involves situations where an individual’s free will is compromised, leading them to make estate-related decisions that do not accurately reflect their true wishes. Generally, the person exerting undue influence is someone in a position of authority or trust, such as a caregiver. They use this position (the will-makers’ dependence on them) to manipulate the will-maker’s choices for their benefit.
For the court to establish undue influence, evidence must suggest that the revisions made to the will do not match the genuine desires of the testator. Proving undue influence can be quite challenging, and even if the claim is substantiated, this does not guarantee that the court will alter the existing will.
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