Can someone challenge my will?
If your spouse or children (biological or adopted) feel as though they have not been fairly provided for under your will, they may challenge the terms of your will by starting legal proceedings after you pass away. The court is then asked to decide whether you had any legal or moral obligation to leave a gift to that spouse or child in your will. The court will consider a range of evidence in reaching its decision, including a review of the will and any materials referred to in the will. To minimize the chances of your will being varied after you pass away, your reasoning for leaving a child out of your will or providing them with less than they think they should have received can be included in the will.
- Who needs to have a will?
- What does a will normally have in it?
- Who do I need to appoint in my will to handle things when I die?
- What happens if I die without a will?
- What happens if my will is found to be invalid?
- Can someone challenge my will?
- I want to exclude a child from receiving anything in my will, or leave them much less than the other kids. Can I do this?
- I’ve been told to consider trusts for my children in my will. Is this worthwhile and how do I accomplish this?
- I have a will but it is old – how often should I review it?
- I’ve moved here from another province where I had done a will. Is my will from that other province still valid?
- I have disabled children or family members and want to leave them an inheritance, but do not want them to lose their disability benefits. How do I accomplish this in my will?
- I have no family members who I want to be my executor or trustee. Who can I appoint to handle my affairs?
- I want to donate some money to charity when I die. How do I accomplish this in my will?
- I have property in another province or in another country. Will my BC will govern those assets?
- I do not like my child’s spouse. How can I ensure that the inheritance I leave is not going to get into that spouse’s hands?
- I don’t want my children or grandchildren to get a large inheritance when they hit 19 years old. How do we ensure they get an inheritance but do not get control of all the money until a later age?