If you have been named as a beneficiary in a will, it’s not unreasonable to expect that the estate will handle distribution accordingly and that you will receive what was left to you in a reasonable amount of time. However, estate administration is not always straightforward, especially if the estate is complex. If you’re feeling uncertain about your inheritance, whether because of actions by the executor, family conflicts, or an issue with the will itself, know that being a beneficiary in BC comes with enforceable legal rights. There are inheritance protection steps that you can take to help improve your chances of collecting what you are entitled to.
Get a Copy of the Will
You can’t really protect your inheritance if you don’t know what exactly the document says you will receive. If you have been named as a beneficiary or you are a spouse or child of the deceased, you have the right to be notified and to receive basic information about the estate. Stepchildren do not have that right unless they have been legally adopted. You can request this directly from the executor if they have not already been in touch. Once probate has been granted, the will becomes a public document accessible to any interested parties.
Once you have a copy of the will, review it carefully to confirm that you are named, what you are set to receive, and whether there are any conditions attached to your inheritance that could affect when or how you receive it. Keep copies of all documents and communications related to the estate from the very beginning; this paper trail can become important if disputes arise later on.
If there is no will, BC’s intestacy rules determine how the estate is distributed, following a set hierarchy that begins with a surviving spouse, then children, then parents, and finally siblings. Knowing where you fall within that hierarchy helps you understand what you are entitled to and whether the estate is being administered correctly. In the event you were excluded from a will despite having reason to expect an inheritance, you may still be able to make a claim depending on your relationship to the deceased.
Keep the Executor Accountable
The executor of an estate has a legal duty to act in the best interests of all beneficiaries while fulfilling the will-maker’s wishes. As a beneficiary, you are entitled to updates on the progress of the estate, including estimated distribution timelines and delay notifications. You also have the right to request a formal accounting, which is a detailed report of all assets, debts, income, and transactions related to the estate. Some degree of distribution delay is normal; this is particularly true for complicated estates. Executors have up to 12 months to begin distributing assets.
That said, you should be aware of some red flags that signal trouble:
- The executor is unresponsive or repeatedly stonewalls information requests.
- Unexplained delays stretch beyond the executor’s allotted year.
- The executor is also a beneficiary and appears to be favouring their own interests or those of other beneficiaries.
- Assets appear to be missing, undervalued, or disposed of without explanation.
- The executor fees seem disproportionate to the estate size or complexity.
If you have concerns about how the executor is handling the estate, you can apply to the court to compel the executor to account for everything they have done in administering the estate. In more serious cases where there is clear evidence of misconduct, harm to the estate, or ongoing risk to beneficiaries, you can also petition the court to have the executor removed entirely.
Understand Your Rights as a Spouse or Child
BC has unique rules specifically for spouses and children in situations where a will does not adequately provide for them. Under Section 60 of the Wills, Estates, and Succession Act (WESA), spouses and children can make a wills variance claim to the court, which gives eligible individuals the opportunity to have the court review the will. The court has the authority to redistribute the estate in a way it considers fair, which could mean awarding a larger share to the claimant or, in cases of complete disinheritance, granting them a portion of the estate they would otherwise receive nothing from.
This protection extends to legally married spouses, common-law spouses who lived in a marriage-like relationship for at least two years prior to the death, and biological or legally adopted children of any age, including those who were estranged from the deceased. When evaluating a wills variation claim, courts weigh the will-maker’s freedom to distribute their assets as they see fit against their moral and legal obligation to provide for their spouse and children.
Recognise When the Will Itself May Be Invalid
Challenging a will on the grounds of validity is different from a wills variation claim. Rather than arguing that the will is unfair, you are arguing that the will itself should not be legally recognised at all. Anyone with a vested interest in the estate can challenge the will, not just spouses, children, or named beneficiaries. Grounds on which you can contest a will include:
- Lack of testamentary capacity: The will-maker did not have the mental ability at the time of signing to understand what they owned, who their dependents were, or the nature of making a will.
- Undue influence: Someone pressured, manipulated, or coerced the will-maker into changing their will. This sometimes appears in cases where a caregiver, new companion, or person in a position of power is set to receive a disproportionate share of the estate.
- Fraud or forgery: The will was faked or the will-maker was deceived, which often requires the assistance of a handwriting expert.
- Improper execution: The will was not signed and witnessed correctly according to WESA’s requirements.
There are also some warning signs that may indicate issues with the will. These include:
- The will was suddenly changed later in life, particularly during a period of illness or cognitive decline.
- The will-maker became increasingly isolated from loved ones in the time leading up to their death.
- A caregiver, new friend, or new romantic partner received an unexpected share of the estate.
- A new will represents a dramatic change from a longstanding prior estate plan.
- A beneficiary was heavily involved in the will’s preparation, such as arranging the lawyer’s appointment or being present during the signing.
Know Relevant Deadlines
Timing is one of the most critical factors in inheritance protection. Failing to meet key deadlines can mean missing out entirely on a claim, no matter how strong your case is.
If you are a spouse or child looking to bring a wills variation claim, you have 180 days from the date probate is granted to file; this is a hard cutoff with very limited exceptions. For will validity challenges, the ideal time to act is before probate is granted by filing a Notice of Dispute, which pauses the probate process. If probate has already been granted, a general two-year limitation period applies from the date you discovered, or reasonably should have discovered, the grounds for your claim. The same two-year period applies to claims of executor misconduct.
Speak With an Estate Litigation Lawyer
Inheritance disputes can become complicated quickly. Whether you are dealing with an unresponsive executor, considering a wills variation claim, or have concerns about how a will was made, having an experienced estate litigation lawyer in your corner can make a meaningful difference in the outcome of your case. At Stephens & Holman, our team is here to help you understand your rights, assess your options, and represent your interests. If you have questions about your inheritance or are facing a situation that does not feel right, we encourage you to reach out to our team today for a complimentary consultation.