09/04/2026
In BC and Alberta, the general rule is straightforward: you pay your own legal costs to bring a Will challenge forward. There's no automatic reimbursement just for trying. πΈ
If your challenge succeeds (for example, the court finds the Will was invalid, or that your challenge was justified) the court has discretion to order your legal costs be paid from the estate.
If your challenge fails, the consequences can be more serious. You may be responsible not only for your own legal fees, but potentially for the estate's legal costs as well.
There's a middle ground too: even if your claim is ultimately unsuccessful, courts can still award you costs from the estate if they find your challenge had genuine merit. For example, if the will-maker's own actions created the need for the court to get involved.
But there's no guarantee. Courts have broad discretion over costs, and outcomes vary based on the specifics of each case.
The takeaway? Contesting a Will isn't a low-risk decision. Understanding the potential financial exposure (on both sides) is essential before moving forward.
Questions? Weβre here to help. Link in bio, or π call us: +1 (877) 448-3131.