Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 12, 2026: the Wills, Estates and Succession Act (ss. 60, 61, 82) and the court decisions cited below checked that day.
BC land is covered. If the parent’s permanent home was outside BC, a BC wills variation claim can still reach their BC real estate.
Not their movable property: bank accounts and investments follow the law of where they lived.
If they lived in BC, the claim can reach all their property within the BC court’s reach.
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.
Families are spread across provinces and countries, and a parent may live elsewhere while owning a house, rental property or land in BC. Whether a BC wills variation claim can reach that property depends on where the parent was domiciled, meaning where their permanent home was, when they died. If the parent was domiciled in BC, the claim can reach all their property over which BC courts have authority. If they were domiciled outside BC, BC’s wills variation law applies to their real property in BC, such as a house or land, but not to their personal property, such as bank accounts and investments, which follows the law of the place they lived. So a child or spouse treated unfairly by a will made elsewhere may still have a claim against the BC real estate. The usual 180-day deadline runs from the BC grant, which may be a resealed or ancillary grant.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts in wills variation claims involving out-of-province estates with BC property; this guide is by Sundeep S. Grewal.
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The rules
| Parent’s permanent home at death | BC real estate | Bank accounts, investments and other movables |
|---|---|---|
| BC | Yes | Yes, within the BC court’s reach |
| Outside BC | Yes | No; governed by the law of the parent’s home |
There’s a narrow exception for personal property whose value lies mainly in its use with land in BC.
What “domicile” means
Domicile is where a person had their permanent home and intended to stay, which isn’t always where they were living at death. A parent who moved away temporarily, for care or to be near family, may still have been domiciled in BC. Domicile can be disputed, and it can change the outcome.
The BC grant and the deadline
- BC property usually needs a BC grant: a resealed foreign grant or an ancillary grant. See executors outside BC and foreign grants.
- The 180-day deadline runs from the date the grant is issued in BC.
- A certificate of pending litigation can be registered against the BC land once the claim is filed.
Claims in the other place
Many provinces and countries have their own laws allowing family members to challenge a will, with different tests and deadlines. You may need advice there too, especially for property outside BC.
Mistakes I have seen
- Assuming nothing can be done because the will was made outside BC.
- Missing the BC deadline while dealing with the estate in another place.
- Not registering a certificate of pending litigation before the BC property is sold.
Frequently asked questions
Dad lived in Alberta but owned a condo in Surrey. Can I claim against the condo?
If he was domiciled outside BC, a BC wills variation claim can reach the BC condo, though not his Alberta bank accounts.
Does the will have to be valid in BC?
A wills variation claim assumes a valid will; validity has its own rules for wills made elsewhere.
How do I fund the claim?
We take suitable wills variation claims on contingency.
What should I do right now?
Search the BC land title, find out whether a BC grant has been applied for, and note where your parent’s permanent home was.
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. 60, 61, 82), BC Laws
- Re Herron Estate, 1941 CanLII 233 (BC CA); Boe v. Alexander, 1987 CanLII 2596 (BC CA), as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §10.4
This article is general information about BC law, not legal advice for your situation.