Contesting a will means challenging its validity in court. Maybe you’ve been left out entirely. Maybe what you were promised doesn’t match what ended up in the document. Or maybe you believe the person who made the will wasn’t thinking clearly or was pressured by someone else. Whatever the reason, deciding to contest a will is a big step, and before you take it, you need to understand what it’s going to cost. Legal action can be stressful and time-consuming, so knowing the financial implications early can help you make informed, confident choices.
While every case is different, most people can expect to spend anywhere from $10,000 to $100,000 or more, depending on the complexity of the dispute, the length of the legal process, and the type of legal representation you choose. Legal fees are typically billed by the hour, with estate litigation lawyers charging anywhere from $200 to $500 per hour. And if the case goes to trial or requires expert witnesses, those numbers climb quickly.
At Onyx Law Group, our will dispute lawyers have the experience and knowledge to help you maximize settlement value for contesting wills and trusts claims. Contact us today and let us help you tackle complex will challenges and secure fair outcomes.
This article aims to provide information about assessing the merits of your potential estate claim and give you a general idea of the average cost to contest a will in BC.
What Are the Most Common Grounds for Contesting a Will?
Only certain people can contest a will, and they must have legal grounds or have a financial interest in the will to do so. For example, only the spouse or child of a deceased person can bring a wills variation claim alleging the will is unfair. The basis of a wills variation claim is that the deceased person’s will should be varied because it failed to “make adequate provision for the proper maintenance and support” for their surviving spouse or children.
If the claim succeeds, the Court will impose an alternative distribution of the estate assets that meets the deceased’s legal obligation and/or moral obligation. Here are some of the most common reasons to contest a will in Canada:
- One key ground is lack of testamentary capacity. This means the person who wrote the will didn’t fully understand what they were doing at the time. Maybe they had dementia, were under the influence of medication, or simply weren’t in a clear state of mind. If it can be proven they didn’t grasp the consequences of their decisions, the will could be set aside.
- Another common ground is undue influence. This happens when someone pressures or manipulates the testator into changing their will in a way that benefits them. We often see this in cases where one person, perhaps a caregiver or adult child, isolates the testator and takes control of their decisions.
- Then there’s fraud or forgery. While less common, these cases are serious. If a will is fake, altered without consent, or signed under false pretenses, it can absolutely be invalidated.
- Finally, improper execution—meaning the will wasn’t signed or witnessed properly—can also lead to a successful challenge. Each of these scenarios can open the door to a court re-examining the testator’s true intentions.
Who Pays to Contest a Will?
In British Columbia, the costs of contesting a will can be a significant concern for those considering a challenge. Typically, the person contesting the will (the “challenger”) is responsible for their own legal fees and expenses. However, if the court finds that the will was indeed invalid or that the challenge was necessary to correct an injustice, the court may order that the estate cover the challenger’s legal costs. Conversely, if the challenge is unsuccessful, the challenger may be required to pay not only their own legal fees but also some or all of the estate’s legal costs.
If your claim is unsuccessful but the Court finds it had some merit (for example, because the deceased will-maker caused the need for the inquiry into the validity of the will), you may still get your costs from the deceased’s estate.
But there are no guarantees. You might not get any of your own legal fees if your will challenge fails, and in fact, the Court may order you to pay the successful party’s legal costs.
What Are the Typical Costs to Contest a Will in Canada?
There’s no flat rate because every case is different, but if you’re thinking about taking legal action, it’s important to understand where the money goes and what to expect.
Most estate litigation lawyers charge by the hour, and the range is broad—anywhere from $200 to $500 per hour, depending on experience and the complexity of your case. Some firms may offer flat-fee consultations, which can be a great first step to gauge the strength of your case. Full-blown litigation, though? That’s going to cost more. If your case goes all the way to trial, you could be looking at tens of thousands of dollars in legal fees and court costs.
There are also disbursements – out-of-pocket expenses your lawyer incurs on your behalf, like court filing fees, expert reports, and document services. That’s why getting legal advice early on is crucial; it helps you avoid financial surprises and weigh whether the case is truly worth pursuing.
What Are the Factors Affecting the Cost of Contesting a Will?
Factors such as the type of legal representation you choose, the number of legal issues, and the number of parties to the dispute will impact the bottom line, but the complexity of the case is usually the top factor that affects the costs of a will dispute. Complex litigation that involves several issues and multiple parties and witnesses tends to take more time to resolve, which will increase the overall cost.
1. Initial Consultation Fee
Lawyers either bill at their hourly rate or offer a flat fee for an initial consultation. Either way, the legal fees for an initial consultation are worth every penny. This is your opportunity to discuss your case, weigh its merits, and get an opinion on its likelihood of success. You will gain an understanding of your legal options and what steps to take.
2. Hourly Rates of Legal Professionals
After the initial consultation, the fee structure depends on the specific lawyer and the nature of your claim. Most lawyers charge an hourly fee with a retainer deposit paid upfront. As your case progresses, your lawyer bills against that retainer. Periodically, you will need to top up the retainer.
3. Disbursements
Throughout the litigation process, your lawyer will pay for certain expenses on your behalf, such as court filing fees, fees to serve documents, and expert witness fees. These expenses are known as “disbursements.” Your lawyer will include any disbursements in the bills issued to you.
Legal Representation Options – Will Contesting Lawyers in BC
Lawyers who specialize in contesting wills in British Columbia are experienced in handling disputes over the validity of a will or the fairness of the distribution of assets. These lawyers understand the complexities of estate law, including issues like undue influence, lack of testamentary capacity, or improper execution of the will. When choosing a will-contesting lawyer in BC, it’s important to select someone with a strong track record in estate litigation, as these cases can be highly nuanced and emotionally charged.
1. Self-Representation
You can contest a will without hiring a lawyer, but that comes with a lot of risk. Contesting wills is complex. At the outset, how can you know if your claim is worth pursuing? What are your chances of success? How much could you receive from the deceased’s estate if you win your case? Are you at risk of paying another party’s costs if your case fails? Only an experienced estate litigator can answer those questions for you.
If you decide to represent yourself, you will also need to become very familiar with complicated laws, rules for legal process, paperwork, and forms, including the Civil Rules of the Supreme Court of British Columbia and the Wills, Estates and Succession Act.
Some people start legal proceedings on their own, and then hire a lawyer when they realize they are in over their heads. This is especially true in estate disputes, which are notoriously complex and specialized, and tend to be wrapped up with deeply personal and emotional or family issues.
2. Hire a Barrister and Solicitor
You may already have a relationship with a lawyer. For example, a solicitor who helped you when you bought your house, or a barrister who helped you fight a criminal charge. They did a great job, so why not hire them for your estate dispute?
The problem is a lack of expertise. Wills and estate litigation is extremely complex. It has its own specialized laws, rules, forms, and legal processes. A lawyer who does not have the relevant experience can’t give you a truly informed opinion on your case—and worse—may make mistakes that prejudice your claim. Switching lawyers after your case has started will increase costs and cause delays.
3. Work With a Specialized Wills and Estates Lawyer
Another option is to work with a lawyer who specializes in estate litigation. Going to court to challenge a will can cost thousands of dollars. It’s worth it to invest in highly qualified advice from a lawyer who specifically handles estate disputes.
At the initial consultation, your estate litigation lawyer will advise you on whether you have a good case and help you evaluate whether your case is worth pursuing. Factors that influence the determination include the size of the disputed estate, the value of the assets you stand to recover from the deceased’s estate, and the strength of your evidence and legal arguments.
Your lawyer will explain the law and the evidence you’ll need to prove your claim. Once you have a clear understanding of your chances of success and the steps you’ll need to take, you can make informed decisions about how you want to proceed. If litigation is the best option, your lawyer will guide you through each step in the legal proceedings, making sure deadlines aren’t missed and that you always put the best foot forward.
How Long Do You Have to Contest a Will in Canada?
In Canada, the limitation period for contesting a will varies depending on the type of claim and the province you’re in. In British Columbia, for example, a spouse or child who wants to bring a wills variation claim generally has 180 days from the date probate is granted to start legal proceedings. That’s roughly six months, and it’s not a long window when you consider how emotionally charged these situations can be.
If you’re challenging the validity of the will (for reasons like undue influence or lack of mental capacity), you should act as soon as possible. While there may not always be a strict statutory deadline, courts expect parties to raise these concerns without delay. Furthermore, if you wait too long, your claim could be dismissed; not just because of the law, but because of how it looks to a judge.
Is It Worth Contesting a Will?
Whether it is worth contesting a will depends on several factors, including the strength of the legal grounds for the challenge, the value of the estate, and the potential emotional and financial costs involved. Contesting a will can be a lengthy and stressful process, so it is crucial to weigh the potential benefits against the risks. Consulting with a knowledgeable estate lawyer can help you assess the merits of your case and decide if pursuing legal action is in your best interest.
Thinking About Contesting a Will in BC?
Contesting a will in Canada requires strong legal grounds, such as a lack of testamentary capacity or undue influence, and can cost anywhere from $10,000 to over $100,000. However, the average cost an estate lawyer could charge ranges from $200 to $500 per hour. Additionally, success depends on your interest in the estate and ability to gather evidence showing the will doesn’t reflect the deceased’s true wishes. Working with an experienced lawyer is key to navigating this complex process.
If you would like to discuss your unique situation and get a realistic estimate of the specific costs involved in contesting a will, contact Onyx Law Group today. We will help you understand the law, your chances of success, and the evidence you’ll need to win. At Onyx Law Group, we choose to be a place of support for our clients while providing competent and passionate legal advocacy. Our lawyers have the experience and knowledge to help you get the results you want. Give us a call at (604) 265-9914 if you’re considering contesting a will in British Columbia.
FAQs
How Easy Is It to Contest a Will in Canada?
Contesting a will in Canada isn’t easy—it’s a legally and emotionally draining process. You must have an interest in the estate and strong grounds, such as a lack of testamentary capacity or someone having exerted undue influence over the will-maker. The court expects clear evidence, not just dissatisfaction.
Can a Sibling Contest a Will if Left Out?
Yes, a sibling can contest a will if they have an interest in the estate, for example, if they were included in a previous will or expected to inherit. However, they must also prove legal grounds, like a lack of testamentary capacity or improper execution.
Are Beneficiaries Entitled to a Copy of the Will in Canada?
Yes, beneficiaries and any family member with a potential interest in the estate are generally entitled to receive a copy of the will once probate is granted. This ensures transparency in how the estate’s assets will be distributed.
What Are the Odds of Winning Contesting a Will in Ontario?
The odds depend heavily on the strength of your case. If you can gather evidence proving the will isn’t a valid will—such as exerted undue influence or lack of testamentary capacity—you stand a reasonable chance. But without credible proof, the courts are reluctant to overturn a will.
How Expensive Is It to Contest a Will?
It can cost anywhere from $10,000 to $100,000+, depending on the complexity, lawyer fees, and duration. Challenging a will, especially in cases involving multiple family members, adult children, or a common law spouse, can be a costly and emotionally draining process.
What Rights Do Beneficiaries Have When a Will Is Contested?
Beneficiaries have the right to be notified, review the will, and defend their inheritance in court. If a family member contests the will, beneficiaries may need to provide documents or statements to help establish the validity of the will and protect their interest in the estate.
What Are the Roles and Responsibilities of an Executor During a Will Contest?
An executor or estate trustee must remain neutral and ensure the estate’s assets are preserved while the dispute unfolds. They may need to provide documents, help gather evidence, and follow court orders, while still managing the estate’s day-to-day responsibilities fairly and transparently.
How Do You File a Notice of Objection to a Will?
You file a Notice of Objection with the probate court before probate is granted. This is usually done if you believe the will-maker lacked testamentary capacity or someone exerted undue influence. You’ll need to gather evidence quickly and formally state your interest in the estate.
Can Living Trusts Be Contested in the Same Way as Wills?
Yes, living trusts can be challenged, but the process differs slightly. Like a will, you must show the trust wasn’t a result of the person’s true wishes, or that someone exerted undue influence, or that the trust creator lacked testamentary capacity.
How Can You Ensure Your Will Is Defensible Against Contesting?
To make a will legally valid and defensible, work with a lawyer, ensure it’s executed properly, and clearly explain any unequal treatment of family members or adult children. Keep records that reflect your financial circumstances and true wishes—they can be crucial if the will is ever contested.
How Does the Court Decide the Validity of a Will?
The court looks at whether the will-maker had testamentary capacity, was free from undue influence, and followed legal formalities. They’ll consider medical records, witness statements, and whether the will reflects the person’s true wishes.
What Evidence Is Needed to Contest a Will?
You need strong documentation, such as medical reports showing a lack of testamentary capacity, proof that someone exerted undue influence, or inconsistencies with a previous will. Witnesses, communication records, and financial documents all help gather evidence to support your case.