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Can I contest a will after distribution?

Much harder. Limitation periods apply and recovering distributed assets is difficult, which is why claims should be raised early.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Much harder. Limitation periods apply and recovering distributed assets is difficult, which is why claims should be raised early.

The Canadian position

Much harder. Limitation periods apply and recovering distributed assets is difficult, which is why claims should be raised early.

Provincial law governs administration, so confirm the position where the estate will actually be administered.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  2. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  3. Canadian Legal Information Institute — CanLII
  4. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Conflicting wills which one governs ontario — Treadstone Law
  2. Limitation periods minors incapable persons ontario — Treadstone Law
  3. Executor undisclosed assets found after distribution — Treadstone Law
  4. Wills & estates practice — Treadstone Law