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The short version: if a will is being contested, most lawyers advise pausing any major sale of estate property until the dispute is resolved or the court specifically authorizes moving forward. Selling into an active dispute carries real risk for the executor.

Who can actually contest a will in BC

BC's Wills, Estates and Succession Act includes a specific mechanism called a Wills Variation claim, which lets a will-maker's spouse or children ask the court to vary the will if it didn't make adequate provision for them. This specific claim is only available to spouses and children — other relatives, like siblings or parents, don't have standing to bring a Wills Variation claim, though a will can separately be challenged on other grounds (such as the will-maker lacking capacity, or being under undue influence) by a potentially broader group depending on the circumstances.

There's a hard deadline on Wills Variation claims: generally 180 days from when the Grant of Probate is issued. This is one reason some executors deliberately wait before making major, hard-to-reverse decisions immediately after probate comes through.

Why selling during a dispute is risky

An executor has a fiduciary duty to the estate and its ultimately-entitled beneficiaries — but while a dispute is active, it's not always clear yet who that will turn out to be. Selling a property and distributing or spending the proceeds, only to have the court later vary the will in a way that changes entitlements, can create real complications and potential personal liability for the executor. This is exactly the kind of situation where moving cautiously, with direct legal guidance, matters more than moving quickly.

Mark Jontz has handled estate sales where a dispute emerged mid-process — in those situations, close, direct coordination between the real estate side and the family's lawyer becomes essential, not optional.

If an offer is already in hand when a dispute surfaces

What happens next depends heavily on timing and how the original offer was structured — whether it's conditional, how far along the transaction is, and what the lawyer advises given the specific dispute. There's no universal answer here; it needs real-time legal input, not a general rule applied after the fact.

How long disputes typically take to resolve

It varies considerably. Some disputes resolve relatively quickly through negotiation or mediation between the parties; others, particularly if they proceed to a full court hearing, can take significantly longer. There's no reliable way to predict timing in advance — which is itself a reason to build some flexibility into any sale timeline once a dispute is known to be a possibility.

This page provides general information only and is not legal advice. Contested will situations are genuinely complex and fact-specific — please consult an estate litigation lawyer about your specific situation before taking any action on the property.

Common Questions

Contested Wills — FAQ

Who can actually contest a will in BC?
A Wills Variation claim under BC's Wills, Estates and Succession Act is only available to the will-maker's spouse or children — other family members like siblings or parents don't have standing to bring that specific type of claim, though a will can also be challenged on other grounds (validity, capacity, undue influence) by a broader group in some circumstances.
How long does someone have to contest a will after probate?
A Wills Variation claim generally has to be filed within 180 days of the Grant of Probate being issued — a firm deadline, not a guideline. This timing is one reason executors are often cautious about moving too fast on major estate decisions immediately after probate.
Can a home still be sold while a will is being contested?
It's genuinely risky and usually not advisable without legal guidance. An executor who sells estate property while a dispute is active can face real complications if the outcome changes who's entitled to what — most lawyers advise pausing major asset sales until a contest is resolved or the court authorizes a sale despite it.
What happens to an accepted offer if a will gets contested partway through?
This depends heavily on timing and how the offer was structured. It's exactly the kind of situation where real estate and legal advice need to move together — the listing team and the estate lawyer should be in direct contact the moment a contest becomes known.
Does a contested will always delay a sale significantly?
Not necessarily forever, but often for a meaningful period — resolution can come through negotiation, mediation, or court, and timelines vary widely. Some disputes resolve in months; others take considerably longer.
Contested Wills

Dealing with a dispute mid-sale?

Tell us what's happening and we'll help coordinate the real estate side with whoever's handling the legal dispute.

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