Someone I don't know is claiming they were my dad's partner. Can she challenge his will and get her hands on my inheritance?

Finding out someone is making a legal claim against your dad's estate — especially someone you barely know — can feel shocking and upsetting.

In BC, a spouse can ask the court to change a will if they think it doesn't fairly provide for them. If someone files a claim, it doesn't mean they'll win. The court will carefully review all the evidence before making any decisions about whether the person counts as a spouse.

The court has to be satisfied that the person challenging the will was actually your dad’s spouse. Under estates law in BC, two people are considered spouses if they were married or if they lived together in a marriage-like relationship for at least two years.

The first one is usually clear. The second one can be more tricky to figure out. Just living in the same home isn't enough. The person making the claim has to show they had a relationship similar to a marriage. The court will examine factors like:

• Did they live together under the same roof? What were the sleeping arrangements?

• Did they share meals and help each other when sick?

• How did they handle household tasks like cooking, cleaning and shopping?

• Did family and friends see them as a couple?

• Did they share expenses or own things together?

Every relationship is different, so the court weighs all the factors together. Some things might support her claim while others might not. The goal is to understand the real nature of the relationship — not to apply a single template of what a couple is supposed to look like. This matters because relationships across different cultures, living situations and life stages don't always follow one pattern.

It’s not your job to prove this person wasn't your dad's partner. To be able to challenge the will, she will have to satisfy the court that she was his spouse. The court will look at evidence from both sides to figure out what the relationship actually was. 

Next steps

As executor, you'll need to respond to the claim. This is a good time to talk to a lawyer who handles estate disputes. They can help you protect the estate while the claim is being sorted out. They can also help you understand what evidence both you and the claimant need to provide. 

Legal claims like this one can bring up complicated feelings — grief, anger, confusion and a sense of betrayal. Those feelings make sense. At the same time, it's worth keeping in mind that if this person did share your dad's life, she may also be grieving his loss.

Learn more about challenging a will in BC.