Estate left to a charity, friend or caregiver instead of the children: what BC courts do

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. 52, 60) and the court decisions cited below checked that day.

Some of the clearest wills variation cases in BC involve a parent who left most of the estate to a church, a charity, friends, neighbours or a recent acquaintance, while the children received little or nothing. Under WESA s. 60, a spouse or child can ask the court to vary a will that doesn’t make adequate, just and equitable provision for them. When the people who benefit under the will are owed no legal or moral obligation by the will-maker, BC courts have said they may give less deference to the will-maker’s freedom to leave property as they wish, and have varied wills to give children a substantial share, in one case half of an estate that had left $1 million to a church. The picture changes where the beneficiary helped build the estate or cared for the will-maker over many years; courts are more likely to refuse a claim in those cases. A late change of will in favour of a caregiver can also raise questions about undue influence, which 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 and spouses left out of a will in favour of others; this guide is by Pardeep S. Grewal.

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Why these wills get less deference

The court weighs the will-maker’s freedom to leave property as they choose against their obligations to spouse and children. When the beneficiaries are, in the court’s words, “strangers” to the wills variation law, such as friends, neighbours, nephews, siblings of the will-maker or charities, there’s no competing obligation on their side of the scale. The children’s moral claim then carries more weight, especially in a larger estate.

What BC courts have done

When the beneficiary was a caregiver

Courts are more likely to refuse a claim where the beneficiaries contributed substantially to building the estate, or played a significant role in caring for the will-maker. A caregiver who gave years of unpaid care may also have their own claim, for unjust enrichment. See caregiver claims.

But a new will made late in life, in favour of a caregiver or new friend who arranged the lawyer or controlled access to the will-maker, can raise suspicious circumstances. Under WESA s. 52, where someone was in a position where the potential for dependence or domination was present, the burden can shift to them to show they didn’t use undue influence. See undue influence.

Who can and can’t claim

• Can: the deceased’s children (any age) and spouse.
• Can’t: grandchildren, siblings, nieces and nephews. They may have other claims, such as a validity challenge, but not wills variation.

If a charity is the beneficiary

Charities often defend claims, and the estate may need court orders about interim payments to protect the charitable tax credit while a claim is pending. In practice, many of these claims settle, because the charity, the executor and the children all prefer a negotiated split to a trial.

Mistakes I have seen

• Assuming a gift to a church or charity can’t be challenged.
• Focusing only on undue influence when a wills variation claim was stronger, or the reverse. Often both should be considered.
• Missing assets passed to the friend or caregiver outside the will, such as a joint account.

Frequently asked questions

My father left everything to his church. Can I claim?

As his child, yes. Whether the will is varied, and by how much, depends on the estate’s size, your relationship, and his reasons.

The caregiver got the house. Is that undue influence?

Not necessarily. It depends on the circumstances around the will. A wills variation claim may be available either way.

Can my aunt’s nephews challenge her will to a charity?

Not through wills variation, which is only for spouses and children. They would need a different basis, such as the will’s validity.

What should I do right now?

Note the grant date, get the will and any earlier wills, and write down who was involved when the new will was made.

We take suitable wills variation claims and will challenges on contingency, so you don’t need savings to bring one. See how to pay for a will challenge.

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. 52, 60), BC Laws
• Flurry v. Fuller, 2002 BCSC 1571, affirmed 2004 BCCA 218; Moore v. Drummond, 2013 BCSC 1762; Petrie v. Burnett, 2008 BCSC 1503; Re Berger, 1978 CanLII 325 (BC SC); Re Magdell Estate, [1978] B.C.J. No. 424 (S.C.), as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.55, 10.71, 10.73, 10.76

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