When someone passes away, their estate is generally distributed according to the instructions set out in their will. Probate is the legal process that confirms the will is valid and gives the executor the authority to administer the estate. While probate is an important step in ensuring an estate is managed properly, it doesn’t always mean the will is final or immune to challenges.
Many people assume that once probate is granted, a will is locked in and beneficiaries have no further recourse. In reality, certain circumstances can allow interested parties to contest a will even after probate has been completed. Whether you are a beneficiary, an executor, or someone who believes they have been unfairly left out, knowing your rights and the timelines involved can help protect your interests and ensure that the estate is handled fairly.
Do You Contest a Will Before or After Probate?
A will can be contested either before or after probate, depending on the nature of the dispute and when concerns come to light.
In some cases, challenges arise before probate is granted. These often involve questions about whether the will is valid at all, such as allegations that the deceased lacked testamentary capacity, that the will was not properly executed, or that the deceased was subjected to undue influence. When concerns surface early, interested parties may take steps to delay or prevent probate while the issues are investigated.
Other disputes only become apparent after probate has been granted. This can occur when a previously unknown will is discovered, when concerns arise about how the executor is administering the estate, or when financial disclosure reveals information that raises red flags. Some claims, such as wills variation claims by spouses or children, are designed to be brought after probate and are tied directly to the grant of probate.
What Happens After Probate is Granted?
Once probate is granted, the executor has court-confirmed authority to manage and distribute the estate according to the instructions established by the will-maker. This means the executor is legally permitted to gather estate assets, pay debts, deal with financial institutions, and take steps toward distributing the estate to beneficiaries.
However, probate does not mean that the estate is immediately finalized. Executors are often required to settle outstanding debts, file final tax returns, and comply with statutory waiting periods before distributions can be made. Estate administration can take months if not years to complete.
Importantly, once assets are distributed, reversing transactions can become legally and practically difficult. Therefore, individuals who have concerns about a will or estate administration should seek legal advice as soon as possible.
How Long After Probate Can a Will Be Contested?
There is no single universal deadline for contesting a will because the time limit depends on the type of claim being made.
Wills variation claims, which are available to spouses and children of the deceased, need to be initiated within 180 days of the grant of probate. Validity challenges, such as claims based on lack of testamentary capacity, undue influence, or fraud, must be brought within two years from the date the claimant knew or reasonably should have known of the facts giving rise to the claim.
In some situations, parties with an interest in the estate may file a Notice of Dispute. This temporarily halts the probate process and prevents the estate from moving forward. A Notice of Dispute is valid for one year and must be withdrawn or removed before probate can continue. The goal is to provide time for parties to investigate concerns, negotiate a resolution, or commence litigation.
How to Contest a Will After Probate
Challenging a will after probate involves formal court proceedings in the Supreme Court of British Columbia and can be complex and time-consuming.
The process generally begins with a thorough review of the will, probate documents, and the administration of the estate. From there, it is necessary to identify the legal grounds for the challenge, such as lack of capacity, undue influence, fraud, or failure to make adequate provision for eligible family members.
Evidence is critical to the success of a will challenge. Depending on the claim, this may include medical records, financial documents, emails or text messages, witness testimony, and records related to the drafting and execution of the will.
Get Legal Guidance from Stephens & Holman
Estate litigation is highly fact-specific, and procedural missteps can permanently limit your options. Whether you are considering contesting a will after probate or responding to a challenge, having experienced legal representation is critical.
Stephens & Holman can evaluate your situation, assess whether a challenge is still possible, identify applicable deadlines and risks, and provide strategic guidance tailored to your circumstances. If you have concerns about a will or estate administration, our team is here to help you understand your rights and take informed next steps.