How do I challenge or dispute someone else’s will?

Last reviewed December 2024 by the Clicklaw editors

If you’re unhappy about your share of your parent’s or spouse’s will, you can try challenging the will in court. You’d be applying to vary the will.

If you think a will was created improperly or isn’t legal, anyone who receives notice of probate can also dispute it in court.

Varying a parent’s or spouse’s will

You don’t have much time to file a claim to vary a will. After the court registry issues the grant of probate or administration, you have 180 days. There can also be other time limits depending on your claim. We do recommend that you speak to a lawyer as soon as possible.

Only a spouse or child can vary a will. Under the law, “spouse” means that you were married to the person who died, or living with them in a marriage-like relationship for at least two years before they died.

To begin the process, you need to fill out Form 1: Notice of Civil Claim. The computer workstations at Courthouse Libraries BC locations have a version of this form for “wills variation proceedings” (through CLE Online). The executor or administrator is listed as the defendant.

Disputing an invalid will

You have two years from when you learn that you might have a claim to start a dispute. Examples include learning that the person who wrote the will wasn’t mentally capable or experienced undue influence, or discovering fraud or forgery.

To begin the dispute, you need to fill out Form P29: Notice of Dispute. Filing this form places any probate on hold, which can help preserve an estate. Generally, the next step is to file Form P43: Petition to the Court — Estate Proceedings, but we highly recommend getting legal advice to proceed from here.

Helpful resources

  • Challenging a Will (People's Law School): This explains your rights and remedies for either contesting your spouse’s or parents’ will or disputing the validity of a will.
  • Supreme Court Civil Rules Forms (Government of BC): These are all of the forms used for civil matters in BC Supreme Court. Although probate uses a different set of forms, variation of a will is a civil matter.
  • Supreme Court Civil Rules — Probate Forms (Government of BC): These are all of the forms, including Form P29: Notice of Dispute, that the BC Supreme Court uses for probate matters.
  • LSLAP Manual: Wills and Estate Administration (PDF) (Law Students’ Legal Advice Program): This manual has a section on wills variation claims.

Helpful service

  • Lawyer Referral Service (Access Pro Bono): This service offers a free, brief initial consultation with a lawyer to determine your legal needs. If you’d like further help from your lawyer, you can retain them at a rate you both agree to.