How to Challenge a Will in British Columbia
Challenging a will in British Columbia can be a daunting process – both legally and emotionally. By default, the courts will carry out the procedures enlisted by the deceased individual on their will. In some cases, these procedures and decisions can be challenged. In fact, contesting a will may be necessary in some cases.
There are many reasons why a will can be challenged in British Columbia, such as:
- The will containing ambiguous instructions
- It being created under suspicious circumstances
- It leading to disputes between the descendants
Under such circumstances, you need an experienced lawyer to challenge a will while following a set legal procedure. Your lawyer will guide you throughout the process and make you familiar with the legal landscape of British Columbia.
Here are the major steps involved in challenging a will in British Columbia:
1. Assessing The Will
It all starts with an initial assessment of the will at hand. If you plan to challenge a will, you should have a valid reason to do so. Your lawyer will help you understand if you have a valid standing for contestation. Discuss the will, its contents, and your objection(s) with your lawyer before taking any important decision.
2. Collecting Valid Evidence
Once you have analyzed the document, you should start gathering valid evidence supporting your argument. Depending on your case, you can take the help of a few key forms of evidence to make a strong case, such as undue influence from witness testimonies, a lack of testamentary capacity, and more. Share such pieces of evidence with your lawyer to ensure their validity in the courts of British Columbia law.
3. Notice Of Dispute Or Legal Action
This is the stage when your estate lawyer in British Columbia will help you file a notice of dispute or legal action. This also includes the people responsible for performing the actions mentioned in the will you are contesting. It is important to clearly detail your reasons behind challenging the will in your notice of dispute.
Know that you should file this notice on time to ensure that you are in sync with the statute of limitation for will disputes in British Columbia.
4. Sharing Of Evidence
This is the stage where all the parties involved share their respective pieces of evidence regarding the challenged will. Your will and estate lawyer guide you in this discovery process, ensuring that you reveal the right information to the courts at the right time.
5. Mediating And Negotiating
British Columbia often allows all the parties involved to go through alternative dispute resolution methods before taking their cases to the Supreme Court. It is common to indulge in methods like mediation and negotiation to settle disputes outside the courtrooms. Lawyers often accompany their clients during these sessions to ensure that the ultimate decision is not against their interest. If the mediation is successful, it leads to a fruitful conclusion of the problem with the consent of all the parties. This saves everyone from the lengthy and time-consuming court proceedings.
6. Court Proceedings
If the mediation and negotiations fail to reach a fruitful conclusion, the case of the challenged will go to the Supreme Court. From direct hearings and cross-examinations, a case goes through multiple stages while being presented to the Supreme Court.
This is the stage where your legal representation matters the most. Your lawyer will protect your interests, represent you in court, and do their best to put your case forward the right way.
7. Going For The Appeals
If the court’s decision goes your way, your conflict will be resolved and the necessary changes will be made. However, if you do not find the court’s decision in your favor, you can appeal the same. Before you opt for appeals, ensure that your argument is valid enough and your case is strong enough to make the court reconsider its decision. You might want to investigate further and gather some more evidence regarding the case. While not all appeals are successful, it is advisable to give it a try with your lawyer’s help if you have a strong case.
Challenge A Will In British Columbia With Cube Law’s Legal Assistance
As you read above, contesting a will in British Columbia needs an experienced lawyer’s backing. At Cube Law, our lawyers help you tackle such legal issues with precision and professionalism. Our legal professionals will guide you at every stage of the process and explain it to you in a way you best understand. From assessing the will you want to challenge to representing you in a court of law, we will stay with you until your case is closed.
(Please note that this content is written for informative purposes only. Do not consider this legal advice from Cube Law. Contact us today to learn more about our services and obtain our lawyers’ assistance in British Columbia)