Can You Contest a Will if You’re Already Part of It?
The first thing people tend to think of when they think of a will contest is disinheritance. It’s true that disinheritance is a major part of estate litigation, however, it’s not the only type of will contest case we see.
What’s more common in estate litigation is will contests initiated by someone who is already a beneficiary of the will. If you’re already included in a will, but don’t believe what you were given is fair, keep reading to learn more about contesting a will as a beneficiary.
Please note that you have 180 days after the will was probated to contest it. If you don’t start a will contest before the 180 days have passed, the court might not be able to vary the will.
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.
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Can You Contest a Will if You’re Already Part of It in BC?
Yes, you are allowed to contest a will you’re already a beneficiary of in British Columbia. In fact, contesting a will you’re already included in as a beneficiary is very common and something we come across frequently in our practice as estate litigation lawyers.
Just because you’re already being provided assets or a share of the estate doesn’t mean the will is fair, especially if you’re a spouse or child of the will-maker. Beneficiaries often cite unfair distribution and inadequate provisions as a reason for contesting a will they’re already included in.
When to Consider Contesting a Will You’re Already Included In
- You are a spouse or child of the will-maker who received less than what is considered adequate under the Wills, Estates, and Succession Act (WESA).
- You were treated unequally compared to other beneficiaries of your significance (siblings, family members.etc)
- You have contributed to the estate financially and that contribution hasn’t been adequately awarded through the will (ex. invested money in renovating the will-maker’s home).
- You were promised a certain share of the estate or a certain asset (property) but the will did not follow through on the promise. (Read More: What Happens When You’re Told You’ll Inherit More, But Don’t)
- The will was changed shortly before death under questionable circumstances.
What to Consider Before Contesting a Will
- Time and Costs: Will contests are often a lengthy process that involves legal fees, you’ll also need an estate litigation lawyer to help build a strong case.
- Family Impact: Will contests can create conflict in the family and potentially strain your relationship with your loved ones due to disagreements.
- Emotional Impact: Will contests can be stressful and emotional for everyone involved, especially following the passing of a loved one.
We try to prevent all of the above through a sensitive approach that starts with mediation. Mediation can allow the situation to resolve itself amicably without needing to go to court and start a legal battle. In mediation, our lawyers will advocate for you on your behalf.
We Can Help You Contest a Will!
Our team of estate litigation lawyers have years of experience representing beneficiaries in complex estate disputes. We’re dedicated to helping you make a strong will contest case that reflects WESA principles.
If you’re wondering whether you have a viable case for a will variation, book a consultation with us for an expert opinion.