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 (s. 60) and the court decisions cited below checked that day.
Estrangement doesn’t automatically end your claim.
Who caused it matters most. A parent who abandoned or pushed a child away can’t rely on the estrangement.
Long estrangements that weren’t the parent’s fault can defeat a claim. Deadline: 180 days from the grant.
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.
Estrangement is one of the most common reasons parents leave a child out of a will, and one of the most argued issues in BC wills variation cases. The law doesn’t treat it as automatic. Courts ask why the relationship broke down, for how long, and who was responsible. A parent can’t escape the moral duty to a child by abandoning them or withdrawing from the relationship on their own, and a judicious parent who treated a child unfairly would try to make amends in their will. Estranged children have received large shares, including half or more of an estate. On the other hand, where a long estrangement wasn’t the parent’s fault, courts have upheld a will that left the child little or nothing. Each case turns on its own facts, and the evidence of how the estrangement happened often decides it.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for estranged children bringing wills variation claims and for estates defending them; this guide is by Sundeep S. Grewal.
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When estranged children have won
| Situation | Result | Case |
|---|---|---|
| Two-year estrangement over a 38-year adult relationship, partly the parent’s doing | 1% increased to 50% | Enns v. Gordon Estate, 2018 BCSC 705 |
| Siblings abandoned twice by their father | 70% of the residue | Jung v. Poole Estate, 2021 BCSC 623 |
| Father made the relationship conditional on accepting his second wife | Nominal gift varied | McLellan v. McLellan, 2011 BCSC 461 |
| Son’s efforts to reconcile despite a difficult relationship | 25% increased to 60% | Bautista v. Gutkowski Estate, 2023 BCSC 1485 |
| Vindictive estate plan; children in and out of favour at the parent’s instigation | About 10% increased to 25% each | Simmons v. McDougall Estate, 2024 BCSC 1221 |
| Periods of estrangement and reconciliation | 30% of the estate | Pascuzzi v. Pascuzzi, 2022 BCSC 907 |
| Parent disapproved of the child’s spouse | Award made | Lowres v. Lowres (1984), 17 E.T.R. 281 (B.C.S.C.) |
When estranged children have lost
- A lengthy, repeated estrangement that wasn’t the parent’s fault (Hall v. Hall, 2011 BCCA 354; Brown v. Pearce Estate, 2014 BCSC 1402).
- Neither side was to blame, and nothing in the relationship gave rise to a moral duty (Price v. Lypchuk Estate, 1987 CanLII 165 (BC CA)).
- An estranged child who received a share at the low end of the acceptable range (Crowley v. Walkhouse, 2008 BCSC 319).
What the court looks at
- Who caused it: a parent can’t withdraw from the relationship and then rely on it (Gray v. Nantel, 2002 BCCA 94).
- How long, and as a share of the whole relationship.
- Attempts to reconcile, on both sides.
- The parent’s conduct during the child’s upbringing: a judicious parent would make amends (Doucette v. McInnes, 2009 BCCA 393).
- The estate’s size, the child’s needs, and who else benefits.
Evidence that helps
- Messages, cards or letters reaching out to the parent.
- Evidence of how the estrangement began.
- Family members who saw the relationship over the years.
- Any earlier wills that included you.
Mistakes I have seen
- Assuming the claim is hopeless because you hadn’t spoken in years.
- Not explaining why the relationship broke down.
- Letting the 180 days pass while deciding whether to claim.
Frequently asked questions
My parent wrote that I “abandoned” them. Does that end it?
No. The court tests the will-maker’s reasons against the evidence; reasons that aren’t true or fair carry little weight.
I was a child when my parent left. Does that matter?
Yes. Courts give real weight to abandonment by the parent; it can strengthen the moral duty owed to you.
Can I afford to bring a claim?
We take suitable wills variation claims and will challenges on contingency, so you don’t need savings to bring one.
What should I do right now?
Note the grant date, and write down how and when the estrangement began and any attempts to reconnect.
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 disinherited with reasons in the will.
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Sources
- Wills, Estates and Succession Act (s. 60), BC Laws
- Enns v. Gordon Estate, 2018 BCSC 705; Jung v. Poole Estate, 2021 BCSC 623; McLellan v. McLellan, 2011 BCSC 461; Bautista v. Gutkowski Estate, 2023 BCSC 1485; Simmons v. McDougall Estate, 2024 BCSC 1221; Pascuzzi v. Pascuzzi, 2022 BCSC 907, 2023 BCCA 131; Lowres v. Lowres (1984), 17 E.T.R. 281 (B.C.S.C.); Hall v. Hall, 2011 BCCA 354; Brown v. Pearce Estate, 2014 BCSC 1402; Price v. Lypchuk Estate, 1987 CanLII 165 (BC CA); Crowley v. Walkhouse, 2008 BCSC 319; Gray v. Nantel, 2002 BCCA 94; Doucette v. McInnes, 2009 BCCA 393, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.57, 10.58
This article is general information about BC law, not legal advice for your situation.