WILLS VARIATION

What is a wills variation?

Poor estate planning and family feuds often lead to legal disputes following a person’s death. Blended families can create conflict between a will-maker's children and new spouse. A spouse or child who does not receive a fair share of the estate can bring a wills variation claim against the deceased's estate. The spouse or child asks a judge of the BC Supreme Court to “vary” a will to receive a larger share of a deceased person’s estate.

Am I legally entitled to an inheritance?

While a will-maker is normally entitled to decide who gets their property after they die, the Wills, Estates and Succession Act of British Columbia states that a will-maker must make "adequate provision" to their spouse and children after their death. The legal and moral obligation of a willmaker to leave adequate provision for their spouse and child depends on:

• the size of the will-maker’s estate,
• the financial circumstances of all the parties,
• the relationship the will-maker had with their spouse or child, and
• whether there was a good reason for disinheriting a spouse or child.

Ultimately, each wills variation claim will turn on its own set of facts. It will be for the judge to determine what is “adequate, just and equitable” in each case.

How can a wills variation lawyer help?

The law on wills and estates is constantly evolving in British Columbia. Applying to vary a will is a complex legal procedure. At Virgin Law Group, our experienced wills variation lawyers have the knowledge and skills to ensure you receive your fair share of a will-maker’s estates. Contact us to receive a free 30-minute consultation with an associate lawyer.