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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. 61, 121) and the court decisions cited below checked that day.
The deadline: a wills variation claim must be started within 180 days of the date the grant is issued, and served on the executor within 30 days after that (WESA s. 61).
No extensions: WESA gives the court no power to extend the 180 days.
Still possible: another person’s claim, estoppel, a grant revoked for lack of notice, or other claims that have their own limits.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
The 180-day limit for a wills variation claim is one of the strictest deadlines in BC estate law. It runs from the date the grant of probate (or administration with will annexed) is issued, not from the date of death or the date you learned about the will, and WESA has no provision letting the court extend it. If you’re past it, the usual route to vary the will is likely closed. But it isn’t always the end. If another spouse or child started a claim in time, that claim generally counts for everyone. If the executor or beneficiaries led you to believe you’d be looked after, or that the dispute would be resolved another way, a court may stop them relying on the deadline. If you were never given the required notice of the probate application, the grant may be revoked, which can restart the clock. And other claims, such as a challenge to the will’s validity, a resulting trust over a jointly held asset, or a claim for unpaid care, aren’t governed by the 180 days.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, reviews late and time-sensitive estate claims; this guide is by Pardeep S. Grewal.
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How the 180 days are counted
- The clock starts when the grant is issued, meaning entered in the court registry.
- The claim must be filed within 180 days and served on the executor within 30 days after the 180 days end. The court can extend the 30-day service period, but not the 180-day filing period.
- Incomplete disclosure of assets in the probate application doesn’t extend the deadline.
- A claim can be filed before probate is granted.
Not sure when probate was granted? Ask the executor, or search the court registry. See which probate registry.
Narrow exceptions
| Situation | Why it may help |
|---|---|
| Another spouse or child filed a wills variation claim in time | A claim brought for one person may be treated as brought for everyone who could claim (WESA s. 61(4)) |
| You relied on assurances about how the estate would be shared | Estoppel may stop the other side relying on the deadline (MacDonald v. MacDonald Estate, 1996) |
| The other side agreed to resolve the dispute another way, then backed out after the deadline | They may be estopped from relying on the deadline (Swan-Wood v. Swan Estate, 2006 BCSC 223) |
| You were never given notice of the probate application | The court can revoke a grant obtained without reasonable efforts to give notice, and the 180 days run from the new grant (Desbiens v. Smith, 2010 BCCA 394; Gill v. Gill, 2024 BCSC 526, 2025 BCCA 86) |
| You already have another lawsuit against the estate | A court has allowed a wills variation claim to be added to an existing action (Sun v. Sun, 2000 BCSC 1338) |
These are exceptions, decided on their facts. None should be relied on as a plan.
Other claims that aren’t tied to the 180 days
- Validity: a challenge that the will is invalid, for lack of capacity, undue influence or improper signing. See undue influence and invalid wills.
- Property outside the will: joint accounts or a house put in one child’s name may be held on resulting trust for the estate. See money given away before death.
- Unpaid care or work: unjust enrichment claims. See caregiver claims.
- Executor misconduct or accounts. See executor accounts.
Each has its own time limits, and delay can weaken any claim, so these don’t wait forever either.
Mistakes I have seen
- Counting from the date of death instead of the grant date.
- Filing in time but forgetting to serve the executor within the next 30 days.
- Waiting for a sibling’s promise to share, with nothing in writing.
- Assuming the estate has been distributed so nothing can be done. The executor generally can’t distribute for 210 days after the grant without consent or a court order.
Frequently asked questions
I didn’t know about the will until after the 180 days. Can I still claim?
Not knowing doesn’t extend the deadline by itself. But if you were entitled to notice of the probate application and didn’t get it, the grant may be revoked, which can restart the 180 days.
Can I file before probate is granted?
Yes. A claim can be started before the grant, which can be useful if you’re worried about timing.
Does the deadline apply to a challenge to the will’s validity?
No. Validity challenges aren’t governed by the 180 days, though delay can still hurt.
What should I do right now?
Find the exact grant date today, and write down any promises or notice issues. If you’re inside the 180 days, don’t wait.
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. 61, 121, 155), BC Laws
- MacLean Estate v. Arsenault, 2016 BCSC 1894; Russell Estate v. Larson, 2019 BCSC 135; MacDonald v. MacDonald Estate, 1996 CanLII 1360 (BC SC); Swan-Wood v. Swan Estate, 2006 BCSC 223; Desbiens v. Smith, 2010 BCCA 394; Gill v. Gill, 2024 BCSC 526, affirmed 2025 BCCA 86; Sun v. Sun, 2000 BCSC 1338, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §10.11
This article is general information about BC law, not legal advice for your situation.