As an executor, there are many potential legal disputes or claims that may arise. One common challenge lies in disputes concerning the validity of the Will, where allegations of undue influence or lack of mental capacity can lead to litigation. Other issues with the Will can include problems with formalities, as well as unclear provisions in the Will.
In BC, an issue that can arise is Wills variation claims by the spouse or children of the deceased. The definition of “child” in this context includes adult children.
Under section 60 of the British Columbia Wills Estates and Succession Act, a spouse or child may commence a proceeding to vary a Will that does not adequately provide for the spouse or child’s proper maintenance and support.
In this situation, the court may order the provision be made that it thinks is “adequate, just and equitable” in the circumstances. If a Wills variation proceeding is commenced, a distribution of the estate may only occur with the consent of the court.