What Happens When a Will Is Disputed?

When a will is challenged, settling an estate can quickly become complicated, time-consuming, and stressful for everyone involved. Instead of assets being distributed as planned, the estate may be delayed while the dispute is resolved through the court system.

Will disputes often arise during emotionally difficult times, when family members are grieving and expectations may not be aligned. Without clear planning, misunderstandings can escalate into formal legal proceedings.

Who Can Challenge a Will?

In British Columbia, a spouse or child may apply to court if they believe the will does not make fair or adequate provision for them. These claims often arise when family relationships are strained, when expectations were not clearly communicated, or when circumstances changed after the will was created.

Common situations include blended families, long-term relationships, or perceived unequal treatment among beneficiaries.

What Happens During a Dispute?

When a will is disputed, the court may review family relationships, financial circumstances, and the intentions of the person who made the will. This process can significantly delay the distribution of assets and increase legal costs.

In many cases, those legal costs are paid out of the estate itself, reducing what is ultimately available to beneficiaries. Disputes can also create lasting tension between family members.

Can Will Disputes Be Avoided?

While not every dispute can be prevented, careful estate planning and clear legal advice can greatly reduce the risk. A well-drafted will that reflects current family and financial circumstances can help minimize uncertainty, protect your wishes, and reduce the likelihood of conflict after your passing.

If you have concerns about potential will disputes or want to ensure your estate plan is clear and up to date, contact our White Rock office to discuss your options and protect your wishes.