Defending a wills variation claim in BC: when you received the larger share

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. 60, 62, 63) and the court decisions cited below checked that day.

Every wills variation claim has another side: the sibling who cared for a parent and was left the house, the second spouse who received the estate, or the child a parent chose to favour for reasons that made sense to them. If you’ve been served with a wills variation claim, the will you’re relying on isn’t automatically safe, but it isn’t automatically lost either. BC courts respect a will-maker’s freedom to choose, so long as the will meets their legal and moral obligations by today’s standards. If the gift to the claimant falls within the range of options a judicious parent might choose, the court won’t vary it, even if it’s at the low end of that range. Your best defence is evidence: what you contributed, the care you gave, what the claimant received during the parent’s life, the real history of the relationship, and the parent’s reasons, if they were true and rational. The executor’s role is generally to stay neutral, so beneficiaries usually defend with their own lawyer.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, defends beneficiaries and spouses against wills variation claims; this guide is by Pardeep S. Grewal.

Book a consultation about contesting a will TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

What helps a defence

• Your contributions: care for the parent, money toward the house, unpaid work in the business or on the farm. Contributions can justify a larger share, and may support your own legal claim.
• Gifts outside the will: money, property or insurance the claimant received during life or outside the estate. In one case, a gift to a son of 51% of the parent’s assets during life was enough to meet the moral obligation (Peterson v. Welwood, 2018 BCSC 1379).
• Estrangement: a long estrangement that wasn’t the parent’s fault has often defeated or limited a claim.
• Reasons: written or oral reasons for the will, if they were true and logically connected to the decision (WESA s. 62).
• Conduct: the court can refuse relief to a claimant whose character or conduct disentitles them (s. 63).
• Size of the estate: a modest estate may not stretch to meet weaker moral claims.

What usually doesn’t work

• “Dad’s wishes must be respected”, without evidence of why the will was fair.
• Reasons based on tradition favouring sons, or disapproval of a child’s partner or orientation.
• Attacking the claimant’s character without basis, which can lead to special costs.

If you are also the executor

An executor is a party to the claim but is expected to stay neutral, giving information about the estate and implementing the result. If you’re also a beneficiary defending your share, those roles need to be kept separate, including your legal costs: costs as executor can come from the estate, but costs as a beneficiary generally can’t if a variation is ordered. See executor duties.

Costs and settlement

• In wills variation claims, costs generally follow the result, so a successful defence may recover part of its costs, and an unsuccessful one may pay part of the claimant’s.
• A well-timed formal offer to settle can protect you on costs.
• Most claims settle, often at mediation.

See fees and court costs in will challenges.

Protecting the estate while the claim is pending

Once a claim is filed, the estate is usually held until it’s resolved, and a certificate of pending litigation can be registered against land. If you need funds, or the property needs to be sold, you may need the claimant’s agreement or a court order.

Mistakes I have seen

• Spending estate money on the defence of a personal share.
• Not gathering proof of care and contributions while memories and records are fresh.
• Rejecting any settlement on principle, then facing a costs order.
• Distributing or selling estate property after being served.

Frequently asked questions

My sibling is financially comfortable. Does that defeat the claim?

Not on its own. Adult children don’t need to show financial need, though it’s one factor.

Mom left me more because I looked after her. Will the court respect that?

Care and contributions are a recognized reason for a larger share. Whether it justifies the full difference depends on the estate and the other children’s claims.

Should the executor defend the will for me?

Generally no. The executor should stay neutral; beneficiaries usually defend through their own lawyer.

What should I do right now?

Note the date you were served, and start a written record of your contributions, the parent’s reasons, and gifts others received.

Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver. See also wills variation claims.

Ready to book? Open the booking form ↑

Sources

• Wills, Estates and Succession Act (ss. 60, 62, 63), BC Laws
• Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC); Crowley v. Walkhouse, 2008 BCSC 319; Peterson v. Welwood, 2018 BCSC 1379; Hall v. Hall, 2011 BCCA 354; Wilcox v. Wilcox, 2002 BCCA 574; Doucette v. Clarke, 2008 BCSC 506; Louie v. Louie, 1998 CanLII 1845 (BC SC), as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.35, 10.36, 10.42, 10.55, 10.57, 10.71, 10.74

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