It’s a question we hear often: Can a will be changed after someone passes in British Columbia? At first, it might seem like the answer is a simple no. After all, once a person passes away, their final wishes should be set in stone, right?
Well, not quite.
While you can’t rewrite someone’s will just because you disagree with it, BC law does allow certain changes to be made under specific circumstances. In this blog, we’ll walk through when a will can be changed, who can make a claim, and how the process works.
Wills Aren’t Always the Last Word
In BC, the law recognizes that a will might not always fairly reflect the needs of those left behind. This is especially true for spouses and children who were financially dependent on the deceased.
The Wills, Estates and Succession Act (WESA) gives these individuals the right to ask the court to change the distribution of the estate. The goal is to make sure they are left with a “just and adequate” share.
This is called a variation of will, and it can only happen after the person has died.
Who Can Apply to Vary a Will?
Not everyone can challenge or change a will. In British Columbia, only the following people can apply to vary a will:
- The deceased’s spouse (married or common-law)
- Biological or adopted children of the deceased
Siblings, grandchildren, stepchildren, and friends are not entitled to bring a variation claim under WESA, even if they feel the will is unfair.
What Does the Court Consider?
When someone applies to change a will through the court, the judge looks at a number of things, including:
- The financial needs and circumstances of the spouse or children
- The size and nature of the estate
- The relationship between the will-maker and the person making the claim
- Any legal or moral obligations the will-maker may have had
The court is not interested in balancing emotions or family tensions. Its focus is whether the deceased acted fairly and responsibly under the law.
Can Beneficiaries Agree to Change the Will?
Yes, in some cases, beneficiaries can agree to change how an estate is divided, even without going to court. This is typically done through a mutual agreement or settlement, especially when there is a dispute and the parties want to avoid a lengthy legal battle.
However, if minors are involved or if someone disagrees, court approval may still be required.
What if the Will Was Made Under Pressure?
If you believe the will was created under undue influence, or the person did not have the mental capacity to understand what they were signing, then a legal challenge may be more appropriate than a variation. These are different legal processes, but both deal with changing or setting aside parts of a will.
Is There a Deadline to Apply?
Yes. In BC, you have 180 days from the date probate is granted to file a will variation claim. That’s why it’s so important to get legal advice as soon as you have concerns.
Missing this window can prevent you from making any changes, even if your case is strong.
How Lawgical Law Corporation Can Help
At Lawgical Law Corporation, we understand how complicated estate matters can be, especially when you’re dealing with grief and uncertainty. Our team takes a practical, respectful approach to will variation claims, helping you understand your rights and what steps to take next.
Whether you’re a spouse who feels unfairly left out or an adult child with concerns about the estate, we’re here to listen and guide you forward.
Speak with an Estate Litigation Lawyer Today
If you’re wondering whether a will can be changed after death in BC, let’s talk. At Lawgical Law Corporation, we’ll help you explore your options and make informed decisions with confidence.