Can a family member challenge a will?
A will may contain an unexpected gift, leave significantly more to one child than another or exclude someone who believed they would be provided for. Sometimes the concern is not merely that the will feels unfair. A family member may question whether it truly reflects the deceased person’s wishes at all.
In British Columbia, a will can be challenged—but disappointment alone is not enough. The legal basis for the challenge, the person bringing it and the time that has passed all matter.
Who can challenge a will in British Columbia?
Not every relative automatically has the right to challenge a will simply because they are a member of the family.
Under British Columbia’s Wills, Estates and Succession Act, a spouse or child may ask the court to vary a will if it does not make adequate provision for their proper maintenance and support. A spouse may include a legally married spouse or, depending on the circumstances, a common-law spouse.
Other people may have grounds to challenge the validity of a will if their interests would be affected—for example, a beneficiary under an earlier will who believes the newest document is invalid.
When can a will be challenged?
There are several possible reasons.
The will-maker did not have the necessary capacity
A person must understand that they are making a will, have a general understanding of the property they own and appreciate the people who might reasonably expect to benefit from their estate.
A diagnosis of dementia or another illness does not automatically invalidate a will. Capacity is specific to the person and the time the document was made.
The question is not simply whether the will-maker was elderly, ill or occasionally confused. It is whether they had the necessary understanding when they gave their instructions and signed the will.
Medical records, lawyer’s notes, witness evidence and the circumstances surrounding the preparation of the will may all become important.
Someone exercised undue influence
Families often influence one another. Advice, persuasion and even pleading do not necessarily amount to undue influence.
The legal concern arises when another person uses a position of dependence or domination to overpower the will-maker’s independent wishes.
Warning signs might include:
A vulnerable person becoming increasingly isolated
One family member controlling access to them
A sudden and unexplained departure from a longstanding estate plan
A beneficiary arranging the appointment and remaining involved in the instructions
Gifts that appear inconsistent with the will-maker’s previously expressed intentions
None of these facts proves undue influence on its own. The court considers the complete context.
The will was not properly signed or witnessed
A will must generally comply with British Columbia’s legal requirements for execution.
Questions may arise when a signature is missing, the witnesses were not present as required or the document was altered after it was signed.
However, a technical defect does not always end the matter. In some circumstances, the court has the authority to cure a document that does not meet the usual formal requirements if the evidence shows that it represents the deceased person’s testamentary intentions.
The will-maker did not know or approve its contents
Signing a document is not always the same as understanding it.
A challenge may allege that the will-maker did not know what the document contained or did not appreciate the effect of particular provisions. This concern may be especially significant where the will-maker had difficulty reading, did not speak the language used in the will or relied heavily on another person during its preparation.
Fraud or forgery is suspected
A will may also be challenged if there is evidence that a signature was forged, information was deliberately concealed or the will-maker was deceived about the nature or effect of the document.
These allegations are serious and require evidence—not suspicion alone.
What if the will is valid but feels unfair?
A will can be legally valid and still be challenged by a spouse or child who believes it failed to make adequate provision for them.
This is called a wills variation claim.
The court may consider many circumstances, including:
The size of the estate
The financial needs of the claimant and other beneficiaries
The nature and length of the family relationships
Care or financial contributions made during the will-maker’s lifetime
Benefits already provided outside the will
The reasons given for the distribution
Conduct that may reasonably affect the will-maker’s obligations
An unequal will is not automatically an invalid or unfair will. Parents may have legitimate reasons for treating children differently. A spouse may have received substantial assets outside the estate. One beneficiary may have greater needs than another.
The court’s role is not simply to divide every estate equally. It must balance the will-maker’s autonomy with the legal and moral obligations owed to a spouse and children.
Understanding the strength of a potential claim early can help a family decide whether to negotiate, mediate or proceed to court.
We advise executors, beneficiaries and family members involved in contested estates and concerns about the validity or fairness of a will.
If you believe a will does not reflect your loved one’s true intentions—or you are an executor facing a possible challenge—timely legal advice can help protect both your position and the estate.
This article provides general information about British Columbia law and is not legal advice. Every estate and family situation is different, and we encourage you to visit us for a consultation so we can understand yours.