If a spouse or child is unhappy about their share of a will, they can "contest" (challenge) or "dispute" the will in court. This is also known as wills variation.

Good starting points include:

• The Disappointed Beneficiary, published by the Canadian Bar Association, BC Branch, explains your rights and remedies in case a will appears to be unfair.
• LSLAP Manual: Wills and Estates, from the UBC Law Students' Legal Advice Program, includes a chapter on Will Variation Claims.
• Executor Guide for British Columbia, by Heritage Law, under the "legal overview" chapter, contains information on Wills Variation Proceedings, including who can ask for a variation and the time you have to start a claim.

See our related common questions:

• See all common questions about courts & tribunals
• See all common questions about wills & estates

 

Last reviewed January 2017

tags

wills, estates, beneficiary, disappointed beneficiary, unfair will, testamentary capacity, testator's mental capacity, challenging a will, wills variation, WESA, contesting a will, disputing a will