Can You Contest a Will You’re Not Named In? (BC)

Yes, if you have standing. A spouse or child left out of a will can apply under WESA section 60 to vary it. Someone who was named in an earlier will and dropped from a later one may be able to challenge the later will as invalid.

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• Can Someone Contest a Will if They Are Not in It?

Full transcript

Can someone challenge a will that doesn’t mention them at all? Yes, of course. It depends on whether or not you have standing in the situation to bring a claim. So, for example, a will that disinherits a child or a spouse, then that child or spouse under section 60 of the Will and Succession Act can apply to vary the will because they have not been provided an adequate and equitable inheritance from a will-maker. And also it’s possible for disappointed beneficiaries who are not listed under a will who are not a children, child or a spouse who may have been expecting to receive something under a will or were promised something under a prior will and who are then disinherited later to contest that subsequent will as invalid because they’re trying to get the benefit of the prior will spring forward and taking under the prior will.

General information, not legal advice.