• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Miller Law

  • Services
    • Wills & Estate Planning
    • Powers of Attorney
    • Trusts
    • Probate & Estate Administration
    • Real Estate Law
    • Incorporation
    • Corporate Governance & Transactions
  • About
  • People
  • Articles
  • Contact

Articles · August 9, 2017

Can your Will be Challenged?

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.

Filed Under: Articles

Previous Post: « Death, Taxes and Probate fees in BC
Next Post: Gifting Assets to Family »

Primary Sidebar

Recent Articles

  • New Mandatory Registration Requirements For Properties Held In Trust Or Bare Trust Relationships
  • What is the B.C. speculation and vacancy tax?
  • What To Do With Old Share Certificates
  • How a Hotchpot clause can prevent estate litigation over family loans.
  • Joint Tenancy or Tenancy in Common

Archives

Contact

Let’s Get Started!

We strive to provide the highest standard of legal advice and services in a manner that is approachable, easy to understand, timely and fairly priced.

Contact Us

Footer

Contact Us

500 – 5050 Kingsway
Burnaby, BC V5H 4C2

T: 604-428-5850
F: 604-428-8580

Services

  • Wills & Estate Planning
  • Powers of Attorney
  • Trusts
  • Probate & Estate Administration
  • Real Estate Law
  • Incorporation
  • Corporate Governance & Transactions

Recent Articles

  • New Mandatory Registration Requirements For Properties Held In Trust Or Bare Trust Relationships
  • What is the B.C. speculation and vacancy tax?
  • What To Do With Old Share Certificates
  • How a Hotchpot clause can prevent estate litigation over family loans.
  • Joint Tenancy or Tenancy in Common

Get Social With Us

  • Facebook
  • LinkedIn

Copyright © 2025 Miller Law. All rights reserved.
Responsive WordPress Theme by Original 72 Creative.