Missed the Deadline to Contest a Will in BC?

Usually a late claim fails. The speaker explains that in some cases a person who never received proper notice of the probate application has argued that the time limit should run from when they were notified. Speak to a lawyer right away.

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• Wills Variation Act BC Limitation Period

Full transcript

What happens to a claim that misses the deadline? Is there any relief? There may be relief if there’s some type of argument for postponement of the limitation, meaning that the limitation period kind of gets stretched and postponed until a different time. So, for example, in most variation cases, notice of probate needs to be given to any intestate successors, which would include spouse and children. Or if there’s no children, then you look at parents, and if you look at, and if there are no parents, then you look at siblings, so it kind of goes down this chain. But if you are entitled as notice for as an intestate heir, and you weren’t provided with the proper notice of the probate, then there would be an argument that the limitation has not run out despite 180 days passing after probate, because you’ve never obtained, never received adequate notice.

And so it would be stretched likely until 180 days, I’d say, after you obtained notice, proper notice that there was actual death or probate of the situation, it might depend on the case. And for setting aside a will, it’s two years from the date of death, and there might be an argument that you had no notice of the death, and so the limitation period might be extended on that basis.

General information, not legal advice.