Published
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 12, 2026: the Wills, Estates and Succession Act (ss. 3, 60) and the court decisions cited below checked that day.
Birth and adopted children can bring a wills variation claim, including children born outside marriage.
Stepchildren who weren’t adopted can’t, however close the relationship.
Other routes may be open, such as an unjust enrichment claim for care or work given.
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.
Only a will-maker’s spouse and children can bring a wills variation claim in BC, and WESA doesn’t define “child”. The courts have filled the gap. Birth children and children adopted by the will-maker count, and it makes no difference whether the parents were married. Stepchildren who were never formally adopted don’t count, even after decades as part of the family, and neither does a child the will-maker raised but never adopted. A child adopted by another family loses the right to claim against the birth parent’s estate. Where parentage is uncertain, courts have ordered DNA testing. If you don’t qualify as a child, you may still have other claims, for example for work or care you gave the deceased, or a challenge to the will’s validity if you’d benefit under an earlier will.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts in wills variation claims where a claimant’s status as a child is in question, including blended and adoptive families; this guide is by Pardeep S. Grewal.
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Who counts
| Person | Can bring a claim? |
|---|---|
| Birth child (any age) | Yes |
| Child born outside marriage | Yes |
| Child adopted by the will-maker | Yes |
| Stepchild not adopted | No |
| Child raised but never adopted | No |
| Birth child adopted by another family | No, against the birth parent |
| Child who died before the will-maker | No |
Stepchildren
Stepchildren who weren’t adopted under the Adoption Act aren’t “children” for wills variation (Uhlving Estate v. The Public Guardian and Trustee of British Columbia, 2024 BCSC 120, affirmed 2024 BCCA 397). A constitutional challenge to include them failed (McCrea v. Bain Estate, 2004 BCSC 208). A stepchild can still bring an unjust enrichment claim: a stepdaughter who gave significant unpaid help to her step-father, expecting the family home, succeeded (Clarkson v. McCrossen, 1995 CanLII 737 (BC CA)). See promised an inheritance.
Adopted children
Under WESA s. 3, an adopted child is the child of the adoptive parent and no longer of the birth parent, with some exceptions such as step-parent adoption. A birth child adopted by others can’t claim against the birth parent’s estate, even if named in that parent’s will (Clayton v. Markolefas, 2002 BCCA 435; Boer v. Mikaloff, 2017 BCSC 21).
Raised but never adopted
A child taken in and raised by the will-maker, without a formal adoption, can’t bring a claim (Hope v. Raeder Estate, 1994 CanLII 2185 (BC CA)).
When parentage is uncertain
Courts have regularly ordered DNA testing so a claimant can establish standing (Bauman v. Kovacs, 1986 CanLII 740 (BC CA); Hyslop v. Banks, 2024 BCSC 1848). A person the will-maker treated as a daughter, but who DNA showed wasn’t his, was found not to qualify (Peri v. McCutcheon, 2011 BCSC 273, appeal dismissed 2011 BCCA 401).
Grandchildren
Grandchildren can’t claim, even where their parent died first. See wills that skip to grandchildren.
Mistakes I have seen
- A stepchild starting a wills variation claim they have no standing to bring.
- Not considering other claims when wills variation isn’t available.
- Delaying a DNA application until the 180 days are nearly gone.
Frequently asked questions
My stepfather raised me from age 2. Can I claim?
Not under wills variation unless he adopted you, but other claims may be open depending on what you gave and were promised.
I was born before my parents married. Does that matter?
No. The distinction between children born inside and outside marriage was abolished in BC.
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?
Gather birth and adoption records, note the grant date, and write down what you gave and were promised.
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 who can contest a will in BC.
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Sources
- Wills, Estates and Succession Act (ss. 3, 60), BC Laws
- Uhlving Estate v. The Public Guardian and Trustee of British Columbia, 2024 BCSC 120, 2024 BCCA 397; Naples v. Martin Estate, 1986 CanLII 762 (BC SC); McCrea v. Bain Estate, 2004 BCSC 208; Clarkson v. McCrossen, 1995 CanLII 737 (BC CA); Clayton v. Markolefas, 2002 BCCA 435; Boer v. Mikaloff, 2017 BCSC 21; Hope v. Raeder Estate, 1994 CanLII 2185 (BC CA); Bauman v. Kovacs, 1986 CanLII 740 (BC CA); Hyslop v. Banks, 2024 BCSC 1848; Peri v. McCutcheon, 2011 BCSC 273, 2011 BCCA 401; Bennison v. Bennison, 2025 BCCA 195, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.7, 15.27
This article is general information about BC law, not legal advice for your situation.