People are often shocked to learn that their Wills may be legally challenged when they die.
Under BC’s estate law (the Wills Estates and Succession Act) your spouse or children may challenge your Will if they feel it does not provide for their “proper maintenance and support”. Their right to challenge is absolute and if pursued, your estate will be frozen and tied up for as long as the matter is before the courts (often 2 to 3 years). The Courts have an absolute discretion to decide if your Will is fair and may direct that it be amended.
Fortunately, there are estate planning options available that may reduce or eliminate the impact of this legislation. Whether it is a trust, joint tenancy or corporate planning, a lawyer can assist you in ensuring that your wishes are honoured.