My best friend died and left her entire estate to charity — now her estranged brother is contesting her will. How can I stop him?

Before she passed, Anya made sure to prepare a will that left sentimental items to close friends, while the bulk of her estate was to be donated to the Canadian Cancer Society — a cause that is close to her heart given her diagnosis (1).

The complication? Anya’s brother — her closest living relative — believes he should receive a share of the estate and has decided to challenge the will.

As Sophie is watching this unfold, she worries that her friend’s final wishes won’t be honoured. She wonders: Is there anything she can do to protect her friend’s wishes?

Can anyone challenge a will in Canada?

The short answer is, yes. Even if you have a properly signed will, it doesn’t mean your final wishes are completely bulletproof.

According to a report by Narrative Research, less than half (43%) of adults currently have a valid will (2). For those who don’t, provincial intestacy laws step in and decide who gets what — often defaulting to closest relatives.

But having a will doesn’t automatically mean everything goes smoothly. While most wills are administered without dispute, challenges do arise — particularly when family members feel they were left-out unfairly.

A will lays out how you want your assets divided up — whether that means passing down family heirlooms, leaving money to loved ones or making charitable donations. When someone contests a will, they’re asking the court to throw it out and change how the assets are distributed (3).

Here’s the thing: Not just anyone can contest a will. Generally, you must have “legal standing” — meaning you’re named in the will, were named in a previous version, are a spouse, child or dependant, or may have a financial claim against the estate.

For someone to win their case, the person challenging the will needs to prove a few specific details. Maybe the person who wrote the will wasn’t mentally capable of making decisions. Maybe they were pressured or manipulated into signing. Or maybe the will wasn’t properly signed and witnessed according to legal requirements.

In Anya’s case, her brother likely has legal standing because he was named in an earlier version of the will and would inherit under intestacy laws if no valid will existed. However, standing alone does not mean he will succeed (4).

The real danger here isn’t necessarily that he’ll succeed. It’s that the legal battle itself can drag on for months or even years, wracking up legal fees and delaying the distribution of assets. In some cases, estates settle just to avoid the hassle and expense, even when the challenge has no merit.

How can you protect your will from being challenged?

The best defense is a good offense. There are steps you can take while you’re still alive to make your will harder to contest.

Start with the basics: Make sure your will is valid, keep it updated and choose an executor you trust. If you know there might be family drama down the line, it’s worth planning for it now.

One option is adding what’s called a no-contest clause — sometimes called an “in terrorem” clause — to your will. It means that if someone challenges the will and loses, they forfeit whatever you left them. It’s a way of discouraging frivolous challenges.

But there’s a catch: Not all provinces treat these clauses the same (5). Their enforceability varies by province. In jurisdictions such as British Columbia — where courts have broad powers to vary wills for spouses and children — no-contest clauses may offer limited protection.

If you’re entirely cutting someone out of your will, make that crystal clear in the document. Don’t just leave out their name. If you intend to disinherit someone, it’s generally better to address it clearly in the will rather than simply omitting their name. A lawyer can help you decide whether providing a brief explanation is appropriate in your situation.

You can also build in extra safeguards. For example, you could get a doctor to confirm your mental state before you sign the will. Or make sure you have neutral, impartial witnesses present when you sign — ideally with your lawyer present as well.

These witnesses can later testify that you were of sound mind, not under any duress and you understood what you were signing. Just make sure your witnesses aren’t beneficiaries named in the will, since that could create a conflict of interest and raise some red flags.

What can Sophie do in this situation?

Unfortunately, Sophie probably can’t stop Anya’s brother from filing a challenge. But she could potentially help in other ways.

If the case goes to court, Sophie might be able to testify about Anya’s state of mind and intentions. She could speak to her friend’s mental clarity and the fact that her decisions were freely made, without anyone pressuring her.