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Porter Ramsay Blog

Wills and estates: What to do when left out of a will

There is nothing that can cause more hurt and anxiety than being left out of a loved one’s will. A lot of feelings can be enmeshed in wills and estates. When a British Columbia resident finds that he or she has been left out of a will, there are things that can be done even though it may take some time.

Contesting a will is becoming more common these days. The rationale behind increased litigation is because more people are amassing more wealth and there is more at stake in being left out of a loved one’s will. People are living longer, too. With added longevity comes the increased likelihood that the testator could have had some cognitive problems and simply forgot to include someone in his or her estate plans.

If someone believes the testator was under the undue influence of another while writing a will, that person may also have grounds to challenge the will. In any case, when a person expects to be named in someone’s will and isn’t, it can cause not only shock, but sadness and disappointment as well. A capacity assessment of the testator at the time the will was written may be called for.

A British Columbia lawyer would be able to advise a client involved in such a case. Wills and estates law can be confusing and complicated, and if an individual believes he or she was left out of will unintentionally or even intentionally, he or she may have the option of trying to rectify the situation. Obtaining legal counsel is wise since the onus is on the one who is contesting the will to prove that it should not be validated.