What happens if my will is found to be invalid?
There are a few different acts that regulate how wills must be prepared in order for them to be valid. There are specific requirements setting out how a will must be signed and witnessed. There are also specific requirements that must be met in order to make changes to an existing will. If your will is found to be invalid after you die because one of the legal requirements for preparing a will was not met, then the courts will deem that you died without a will. If this is the case, then your estate will be distributed in accordance with the Estate Administration Act and none of the provisions in your will can be considered. Getting professional help from a lawyer to prepare your will minimizes the chances of your will being found to be invalid.
- 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?