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 (s. 60) and the court decisions cited below checked that day.
A life interest may not be enough. BC courts have converted life interests into outright gifts for spouses and children.
Spouses: family law gives a spouse an outright share on separation, so a life interest can fall short of the legal duty.
Some trusts are upheld, for example where a trust protects a person’s disability benefits.
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.
Sometimes a will doesn’t cut a spouse or child out, but gives them less than an outright share. A surviving spouse may get only the right to live in the home for life, with the house passing to the children afterward. A child may get their share in a trust, controlled by someone else, or only the income from it. These arrangements can be fair, but they can also fall short of what a will-maker owes. In a wills variation claim, the court asks whether the provision for you, as made, is adequate, just and equitable. BC courts have converted life interests into outright gifts where the restriction wasn’t justified, including for a long-term spouse and for a son treated differently because of his sexual orientation. Where a trust genuinely protects someone, for example to keep disability benefits, the court may leave it in place or even create one.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for spouses and children challenging life interests and trusts in wills, and for trustees defending them; this guide is by Pardeep S. Grewal.
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What these terms mean
| Term | What you get |
|---|---|
| Life interest (life estate) | The use of, or income from, property for your lifetime; it then passes to someone else |
| Remainder | What passes after the life interest ends |
| Trust for a beneficiary | A trustee holds and controls the share, paying out on the will’s terms |
| Discretionary trust | The trustee decides whether and when to pay |
Spouses left a life interest
A spouse is entitled to an outright division of family property on separation, and a life interest doesn’t meet that legal obligation. A long-standing spouse left only a life estate in the home may be able to obtain an outright interest, giving them equity to secure their future care (Orr v. Orr, 2013 BCSC 208; see also Crerar v. Crerar Estate, 1997 CanLII 3793 (BC SC), varied 1998 CanLII 5375 (BC CA)). See a spouse left too little.
Children given a life interest or a trust
- A son’s life interest, imposed because his father disapproved of his sexual orientation, was converted into an outright gift (Peden v. Peden Estate, 2006 BCSC 1713).
- A small gift to a disabled adult daughter, made out of concern she would be exploited, was varied to a significant share of the residue (Geluch v. Geluch Estate, 2019 BCSC 2203).
- A son being a weak-willed spendthrift was found not to be misconduct justifying disinheritance (Re Bailey Estate, 1971 CanLII 1420 (BC SC), affirmed 1972 CanLII 1537 (BC CA)).
When a trust is the right answer
A court can vary a will to create a discretionary trust that protects a person’s entitlement to government disability benefits (see S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4). But where an outright gift already meets the person’s needs, the court won’t impose a protective trust without evidence that it would help (Damgaard v. Damgaard Estate, 2025 BCSC 208). See a disabled adult child left out of a will.
House left to a step-parent for life
Where a parent leaves a new spouse the right to live in the home for life, with the house to the children afterward, the children may wait decades. Whether that’s adequate depends on the estate, the ages involved and the other claims. See a will that left everything to a new spouse.
Mistakes I have seen
- Assuming a trust can’t be challenged because the will-maker “meant well”.
- Accepting income payments for years before asking whether the arrangement was fair.
- Missing the 180 days because you are technically “in” the will.
Frequently asked questions
I’m named in the will. Can I still bring a wills variation claim?
Yes, if you’re a spouse or child and the provision for you isn’t adequate, just and equitable.
Can the trust be ended without going to court?
Sometimes, if all adult beneficiaries with an interest agree; otherwise a court application may be needed.
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?
Get a copy of the will and any trust terms, note the grant date, and list the estate’s main assets.
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 (s. 60), BC Laws
- Orr v. Orr, 2013 BCSC 208; Crerar v. Crerar Estate, 1997 CanLII 3793 (BC SC), 1998 CanLII 5375 (BC CA); Peden v. Peden Estate, 2006 BCSC 1713; Geluch v. Geluch Estate, 2019 BCSC 2203; Re Bailey Estate, 1971 CanLII 1420 (BC SC), 1972 CanLII 1537 (BC CA); S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4; Damgaard v. Damgaard Estate, 2025 BCSC 208, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.46, 10.59, 10.66, 10.74
This article is general information about BC law, not legal advice for your situation.