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Common Questions

I want to contest or dispute a will. What can I do?
Last reviewed in September 2020 by the Clicklaw Editors

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:
  • Challenging a Will, published by People's Law School, 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 Trust, under the "After Death" chapter, contains information on Wills Variation Claims, including who can ask for a variation and the time you have to start a claim.

Need more help?

  • If you have more questions or need further help, for example—please see the Get Help services that are available via the Courthouse Libraries BC Wills Resources page.
  • Lawyer Referral Service, from Access Pro Bono, offers a free initial consultation with a lawyer for up to 30 minutes.
  • Find more help near you on Clicklaw HelpMap.

See our related common questions:

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