Contesting a Will in BC: What Holds Up in Court?

Feeling that a will is unfair is not enough on its own. A claim needs evidence that meets the legal test for varying or setting aside a will. A lawyer can tell you which parts of your story are legally relevant.

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• Odds of Winning Contesting a Will in BC

Full transcript

Which reasons hold up in court and which are purely emotional? What reasons hold up in court and what’s do not? Well, if you say that a will is just not fair, but it’s just your own subjective view of what’s fair and you don’t have any evidence to kind of satisfy the evidentiary standard for the recognized categories for reasons for a will to be varied or a will to be set aside, then those reasons that you may think justify the court finding in your favor is not going to succeed.

So there’s always a difference between what is relevant to proving a claim versus what is relevant to your own sense of morality and what your own sense of fairness is. Sometimes they coincide with each other and sometimes they don’t and so that’s why it’s really important to seek legal advice from a lawyer, a legal professional so that they can explain to you after you tell your whole story about what is relevant and what is not to making your claim.

General information, not legal advice.