When a Will Gets Questioned: Understanding Lack of Capacity in BC Estate Disputes

Estate Disputes Are More Common Than People Think

Losing a loved one is hard enough without discovering that their estate is now the subject of a legal dispute. But in British Columbia, contested estates happen regularly, and one of the most common reasons a will gets challenged is a concern about the deceased person’s mental state at the time they signed it.

If you’ve recently gone through probate and something doesn’t feel right, you’re not alone. Many families across Vancouver and the rest of BC find themselves questioning whether a will truly reflects what their loved one wanted, or whether someone took advantage of them when they were at their most vulnerable.

This post explains what “lack of capacity” means in the context of estate law, how it plays out in real disputes, and what you can do if you believe a will should be challenged.

What Does “Lack of Capacity” Actually Mean?

The Plain-English Version

When someone writes a will, the law expects them to be of sound mind. This isn’t just a formality. It means they genuinely understood what they owned, who their family members were, what it means to make a will, and what the natural consequences of their choices would be.

If a person lacked that understanding at the time they signed their will, the will may not be legally valid. This is what lawyers and courts refer to as “lack of testamentary capacity.”

The Legal Definition Under BC Law

In British Columbia, the legal standard for testamentary capacity comes from a 19th-century English case called Banks v. Goodfellow, and it has been applied consistently in Canadian courts ever since. Under this test, a person making a will must:

• Understand the nature of making a will and its effects
• Know the extent of the property they are giving away
• Recognize the people who would normally expect to benefit from their estate (such as a spouse or children)
• Not be suffering from any mental disorder that poisons their feelings toward those people or distorts their decision-making

BC courts also consider the requirements set out in the Wills, Estates and Succession Act (WESA), which governs estate administration in this province. WESA gives courts meaningful flexibility to assess whether a will reflects the true intentions of the person who made it.

The Legal Test for Capacity in British Columbia

Courts look at capacity at one specific moment: the time the will was signed. A person can have significant cognitive decline and still be capable of making a valid will on a good day. Equally, someone who appeared fine to friends and family could have lacked capacity during a particular window when a will was executed.

To assess capacity, BC courts examine the following:

• Did the person understand they were making a will and what a will does?
• Were they aware of the nature and approximate value of their estate?
• Did they recognize who their close family members and dependants were?
• Was their decision affected by delusions, hallucinations, or other psychiatric conditions?

This is a nuanced legal analysis. It often depends on medical evidence, witness accounts, and a careful review of the circumstances surrounding when the will was prepared and signed.

Signs That a Person May Have Lacked Capacity

It’s rarely as simple as a dementia diagnosis automatically invalidating a will. But certain signs can raise legitimate concerns and warrant a closer look. Some of the most common red flags include:

• Advanced dementia or Alzheimer’s disease at the time the will was signed
• Confusion about the identities of close family members
• Inability to recall significant assets or property they owned
• Sudden personality changes, paranoia, or delusions
• Heavy reliance on medications that impair cognitive function
• Hospital records or medical notes showing disorientation close to the time the will was executed
• Statements by the deceased that were inconsistent or incoherent

If a lawyer or notary who witnessed the will signing has notes suggesting the person seemed confused or distressed, that documentation can be especially significant.

Common Situations Where Capacity Gets Questioned

A Will That Changes Without an Obvious Reason

One of the most reliable warning signs is a will that was changed significantly near the end of someone’s life, particularly if those changes favoured one person at the expense of others. If a parent who had always planned to divide their estate equally among their children suddenly left nearly everything to one sibling, that shift demands scrutiny.

Courts don’t assume that last-minute changes are automatically invalid. People have the right to change their minds. But when those changes coincide with cognitive decline or unusual circumstances, they become harder to accept at face value.

Influence by a Caregiver or Family Member

Lack of capacity cases often overlap with undue influence claims. When someone is physically or mentally dependent on another person, the opportunity for manipulation increases substantially. A caregiver, a new romantic partner, or even a family member who controlled access to the deceased could have shaped the contents of the will without the person fully understanding what they were agreeing to.

Undue influence and lack of capacity are distinct legal arguments, but they frequently appear together in estate litigation. Both can be grounds for challenging a will in BC courts.

How to Challenge a Will Based on Lack of Capacity

The General Process in BC

Challenging a will on the basis of lack of testamentary capacity involves filing a court action in the BC Supreme Court. The party challenging the will (typically a disappointed beneficiary or someone who was expected to inherit but wasn’t included) must present enough evidence to raise a genuine doubt about whether the deceased had capacity when the will was made.

Once that threshold is crossed, the burden typically shifts to the person defending the will to prove that the testator did have the required capacity.

Evidence That Makes a Difference

Strong estate litigation cases are built on evidence. The types of evidence that courts find most persuasive include:

• Medical records from the period surrounding when the will was signed
• Expert testimony from a physician or geriatric psychiatrist who can speak to the person’s cognitive condition
• Notes or records from the lawyer or notary who drafted the will
• Accounts from family members, friends, or caregivers who regularly interacted with the deceased
• Any correspondence or communications that reflects the deceased’s state of mind

One of the most important steps you can take early in this process is preserving all documentation you have access to. Medical records, emails, and even text messages can become meaningful evidence.

Time Limits and Legal Considerations

If you’re considering challenging a will, timing matters. In British Columbia, there are limitation periods that govern how long you have to bring a claim. While the specifics depend on the nature of the dispute, waiting too long can seriously jeopardize your ability to have a claim heard.

There are also procedural steps involved in estate litigation, including filing a notice of dispute, which can affect whether a grant of probate is issued while the matter is being resolved.

This is not an area where you want to take a wait-and-see approach. The sooner you get legal advice, the better positioned you’ll be.

How an Estate Litigation Lawyer Can Help

Challenging a will is not something most people ever expected to have to do. It can feel overwhelming, especially when you’re dealing with grief at the same time. A lawyer who understands BC estate litigation can make a genuine difference, not just in terms of legal strategy, but in helping you understand your options without pressure.

At Winright Law, we work with clients in Vancouver and across British Columbia who are navigating exactly these kinds of situations. Whether you have serious concerns about a loved one’s mental state when their will was signed, or you’re being accused of undue influence yourself, we focus on giving you a clear and honest picture of where you stand.

We take a practical approach. Before recommending litigation, we look at the strength of the evidence, the realistic outcomes, and whether there are other ways to resolve the dispute. When court is the right path forward, we bring the same focused approach to building your case.

Frequently Asked Questions

What is testamentary capacity in BC?

Testamentary capacity refers to the mental ability a person must have to make a legally valid will. Under BC law, this means understanding the nature of the will, knowing the extent of their estate, recognizing who their close family members are, and not being affected by any mental disorder that distorts their decisions.

Can dementia automatically invalidate a will in British Columbia?

Not automatically. Courts assess capacity at the specific moment the will was signed. A person living with dementia may still have valid periods of capacity. The question is whether they had sufficient understanding at the time of signing, which is why medical evidence from that specific period is so important.

How long do I have to challenge a will in BC?

Limitation periods in BC estate disputes can vary depending on the specific claim. It is strongly advisable to speak with an estate disputes lawyer as soon as possible to avoid missing a deadline that could prevent your case from being heard.

What evidence is needed to challenge a will based on lack of capacity?

Medical records, expert opinions, notes from the will’s drafting lawyer, and testimony from people who knew the deceased are all relevant. The stronger and more contemporaneous the evidence, the more persuasive your case is likely to be.

Is it worth challenging a will in BC?

Every case is different. An estate litigation lawyer can assess the strength of your evidence, the value of the estate, and the likely cost and outcome of litigation to help you make an informed decision.

Talk to an Estate Disputes Lawyer in Vancouver

If you have concerns about a will, the most important thing you can do right now is get proper legal advice. Whether you’re trying to understand your rights or you’ve already decided to move forward, the team at Winright Law is here to help.

We represent clients across Vancouver and British Columbia in estate disputes, including will challenges based on lack of testamentary capacity, undue influence, and other grounds. Our goal is to give you straightforward guidance and effective representation when it matters most.