When you need a lawyer, you want to know that the person representing you is a professional. That's why at DJJ Law, we’ve been in business for over 40 years.
We offer services in English, French, Spanish, Gujarati, Hindi and Punjabi - so there’s no language barrier between you and your lawyer.
During this free consultation, one of our lawyers will discuss your legal matter with you. Following the consultation, you can choose to formally engage with our firm or handle the issue yourself.
Challenging a Will
If a family member does not agree with the contents of a Will or questions its validity, they may be able to take legal action to challenge the Will. Under the Wills, Estate, and Succession Act, there are 5 types of challenges someone can make:
Disinherited Children & Spouses
Disinherited children and spouses are able to go to court if a Will does not adequately provide for them in British Columbia.
Unfair Distribution
If a family member receives a large share of the deceased’s estate, the other family members could seek legal action if they felt it was unfair.
Invalid Will
If the will-maker was not of sound mind or wrote the Will under an undue influence, the validity of the Will could be challenged.
Unclear Interpretation
If you believe that a Will is unclear, you can seek assistance from the Court in interpreting the Will.
Improper Execution
Improper execution occurs when a Will is not witnessed or signed correctly. In these circumstances, the Court can be requested to accept the Will as presented.
The Process of Challenging a Will in BC
Who can challenge a Will
Challenges to a Will mainly come from
- Beneficiaries named in the Will
- Eligible beneficiaries not named in the Will but can benefit if the Will is a declared invalid
If the Will is challenged, the Executor has the responsibility to defend the integrity of the Will.
Timeline to challenge a Will
Challenging a Will must be done within a specified time period (called a limitation period). In general, these deadlines are:
- Wills Variation Claim: 180 days after the Grant of Probate is issued
- Contesting the Validity of a Will: 2 years from the date you could have reasonably known the Will was invalid
To Challenge a Will, a Notice of Objection needs to be filed in order to:
- Prevent the Will from entering probate (if filed before the Probate process)
- Halt the Probate Process (if filed after the Probate Process has started)
If the Will is declared invalid
If the court rules the Will is invalid, the prior Will of the deceased may be used. If there is no valid Will, the Court will consider the deceased to have died without a Will.
Hear What Our Clients Say About DJJ Law
After having a tough time finding someone able to assist me with a personal estate matter, I was referred to Azool Jaffer-Jeraj at DJJ LAW. He was so knowledgeable, and happy to help me with all my questions. He was very kind, and the staff were professional in every way. I would definitely be more than happy to return for any related inquiries in the future. I will also be referring him to others as well. Thank you again Azool, and the team at DJJ LAW for such a great experience.
Azool was wonderful to work with. He was very good at explaining everything that went into our will documents. The team was quick and detailed. I highly recommend using their services.
The complicated process of probating a will was handled professionally, efficiently, and at what I consider to be a very reasonable fee. My family was treated with respect and compassion, and communication with the office was timely and clear. Azool Jaffer-Jeraj has my highest recommendation, and we will use his legal services for future civil, family, will, and estate matters.
I deal with several family lawyers and I can say that Azool is one of the most experienced and knowledgeable of them. I have also used his services for my own family, my wife is so impressed by him she told me if we were to separate she would use Azool!
My wife and I recently had our first child and we knew it was time to complete our Wills. Azool was great, he was personable and explained things in plain English. We felt very comfortable working with him and we know that our family is in good hands. I would highly recommend anyone getting a Will to speak with Azool.
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