Statute of Limitations of Contesting a British Columbia Will

Wills Variation Statute of Limitations in BC | Klein Lawyers

There are a number of reasons why a family may choose to contest a will. But no matter the reason, the wills variation process is not always straightforward–and you are always on a limited timeframe. It’s important to know the statute of limitations of contesting a British Columbia will–and Klein Lawyers can help.

The Will in Probate

The time begins to tick down when the will enters probate. It is always best to contest a will before it enters into probate–meaning, you should take action as soon as you can. Otherwise, the probated will requires a Certificate of Appointment of Estate Trustee, via court motion.

After that, you can challenge the will. 

But, if the will has not been probated, you can file a Notice of Objection to prevent the will from going to probate until the court has addressed your concerns with the will. If the court deems the will to be valid, you still can file under the Wills, Estates and Succession Act to undergo estate litigation so long as you are the surviving child or spouse of the will-maker.

The deadline to begin this action is six months from the date that the court admits the will into probate.

Statute of Limitations for Contesting a Will

If you are contesting a will, you generally have a two-year deadline. In British Columbia, the Wills, Estates and Succession Act outlines that the statute of limitations creates additional timelines:

  1. The proceeding should be commenced within 180 days from the date the representation grant is issued in British Columbia.
  2. The initial petition should be served within 30 days after the expiry of the 180-day period.
  3. In some situations, the court may extend this deadline.

Time is of the essence when it comes to contesting a will or undergoing wills variation in British Columbia. But with the help of a trusted lawyer, it can be done.

Will Contests, Variation in British Columbia: Call Klein Lawyers

Contact Klein Lawyers at (604) 874-7171 today for a free, confidential case evaluation. Our wills variation lawyers serve clients throughout British Columbia from offices in Vancouver, Abbotsford, Burnaby, Coquitlam, Langley, and Surrey.