Parent left everything to one child: can the other children challenge the will in BC?

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 11, 2026

Published November 12, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 60 to 63) and the court decisions cited below checked that day.

When a parent leaves the whole estate to one child, the others are often shocked, and sometimes suspicious of the sibling who benefited. In BC, every child of the deceased, including adult children who are doing well financially, can ask the BC Supreme Court to vary a will that doesn’t make adequate, just and equitable provision for them (WESA s. 60). The court asks what a judicious parent would have done, measured by today’s standards. It doesn’t start from an assumption that every child must get an equal share, and parents are allowed to prefer one child where there’s a good reason, such as a child who cared for them for years or helped build the estate. But where the stated reasons are untrue, or have no logical connection to cutting out the others, BC courts have varied wills to give the excluded children a share, sometimes an equal one. The claim must be started within 180 days of the grant of probate, and if you also suspect the will itself is invalid, that is a separate challenge.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for children left out of a parent’s will and for the siblings defending one; this guide is by Pardeep S. Grewal.

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What judges weigh

The factors BC courts look at for an adult child include:

• the relationship between the parent and each child, including estrangement or neglect on either side;
• the size of the estate;
• contributions each child made, such as care, money or unpaid work;
• reasonable expectations, for example promises the parent made;
• gifts each child received during the parent’s life, or outside the will;
• the parent’s reasons for the unequal split;
• each child’s financial needs, including any disability;
• misconduct by a claimant, which can reduce or defeat a claim (WESA s. 63).

What BC courts have done

The BC Court of Appeal has confirmed that unequal treatment isn’t automatically upheld just because the parent gave reasons. The duty to adult children is judged objectively, from the standpoint of a reasonable parent (Tom v. Tang, 2023 BCCA 221).

When the favoured child was the caregiver

If the sibling who got everything lived with and cared for the parent, that care can justify a larger share, and the caregiver may have a claim of their own for unjust enrichment. It doesn’t necessarily justify excluding everyone else. See caregiver claims against an estate.

If the house or accounts were put in one child’s name

A home or account held jointly with one child passes outside the will, so it can’t be divided in a wills variation claim, though the court can take it into account. Where a parent added an adult child to title or an account without being paid, the law generally presumes the child holds it for the estate unless they prove it was a gift. That is a separate claim. See money given away before death.

Is the will itself valid?

If the parent had dementia, or the favoured child arranged the will and was present when it was signed, you may also have grounds to challenge the will’s validity, for lack of capacity or undue influence. If that succeeds, an earlier will or the no-will rules apply instead. See undue influence and contesting a will in BC.

Mistakes I have seen

• Spending the 180 days arguing with the sibling instead of protecting the claim.
• Focusing only on the will and missing the joint accounts and the house transferred before death.
• Assuming the will is final because a lawyer drafted it.
• Making the case about anger at a sibling instead of the evidence: contact with the parent, contributions, and gifts.

Frequently asked questions

Can a parent legally leave everything to one child in BC?

A parent can write that will, but the other children can ask the court to vary it. Whether it’s changed depends on the factors above.

What if the will says why the others got nothing?

The court considers those reasons. They must be true and logically connected to the decision; reasons that are false or irrational carry little weight.

Can grandchildren claim if their parent was cut out?

No. Only the deceased’s spouse and children can bring a wills variation claim.

What should I do right now?

Note the date probate was granted, get a copy of the will, and list any property that went to your sibling outside the will.

Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver. See also wills variation claims.

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Sources

• Wills, Estates and Succession Act (ss. 60 to 63), BC Laws
• Sharma v. Sharma Estate, 2016 BCSC 1397; Kaetler v. Kaetler Estate, 1990 CanLII 425 (BC CA); Petrie v. Burnett, 2008 BCSC 1503; Brown v. Pearce, 2014 BCSC 1402; Tom v. Tang, 2023 BCCA 221; Dunsdon v. Dunsdon, 2012 BCSC 1274, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.52, 10.55, 10.57, 10.73

This article is general information about BC law, not legal advice for your situation.