I think my dad's will is invalid. How do I stop the executor from getting probate?

What you're describing — someone being pressured to change their will while sick and vulnerable — is taken seriously by the courts. 

If you want to challenge your sister’s probate application, you can file a notice of dispute. This is a legal document that stops the court from issuing a grant of probate while you challenge the will. A notice of dispute tells the court that you object to the probate application.

You can file a notice of dispute if you believe:

• The will isn't valid (for example, your dad didn't understand what he was signing, or someone forced him to sign it).

• There's a newer will that should be used instead.

• The person applying for probate isn't the right person to do it.

File the notice using form P29. In the form, you need to explain the reasons for your objection. Be specific about why you think the will is invalid or why the probate application should be stopped. The court has wide powers to deal with a notice of dispute efficiently and to make sure it doesn't hold up the estate unnecessarily. 

Once you file the notice of dispute, the executor can't get the grant of probate while your dispute is active. The notice of dispute lasts for one year. If you haven't resolved the issue by then or haven’t filed a related legal claim, you can apply to renew the notice.

If your sister is applying to be executor, she can also ask the court to remove your notice of dispute if she thinks it's not justified. The court will remove it if they decide the dispute isn't in the best interests of the estate. Otherwise, your sister may have to make an application to prove that the will is valid in order to move forward with the estate.

Challenging a will can be a long and painful process, especially when it involves people you're close to. Getting legal advice early can help you understand whether your concerns are strong enough to pursue — and what the process would actually involve. Learn more about challenging the validity of a will in BC.