Promised the house or farm but left out of the will: your options in BC

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 12, 2026

Published November 12, 2026

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 (ss. 60, 61) and the court decisions cited below checked that day.

It’s one of the most common stories in estate litigation: a parent, step-parent or relative says for years, “the house will be yours,” and you work, care for them or put money into the property on that understanding. Then the will leaves it to someone else. In BC, a promise to leave property in a will usually can’t be enforced as a contract on its own, especially a spoken promise about land. But the law doesn’t ignore what you did. If the deceased received a real benefit from your work, care or money, and you lost out without a legal reason for it, the court can order the estate to compensate you, and in some cases give you an interest in the property itself. If you’re the deceased’s spouse or child, your contributions also strengthen a wills variation claim. The evidence of the promise and of what you gave matters most.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for people left out of a will after promises of an inheritance, and for estates answering those claims; this guide is by Sundeep S. Grewal.

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Your legal routes

What BC courts have done

• A stepdaughter who gave significant unpaid help to her step-father, and reasonably expected to receive the family home, succeeded in an unjust enrichment claim (Clarkson v. McCrossen, 1995 CanLII 737 (BC CA)).
• A long-time tenant who helped the deceased and their spouse with maintenance and personal care, and was repeatedly promised the house, became entitled to it (Schnogl v. Blazicevic, 2004 BCSC 1335, varied 2005 BCCA 575).
• A claimant led to expect he would inherit a boat received its value in money (Davidson v. Mackie, 1990 CanLII 1643 (BC SC)).
• A nephew promised his aunt’s house for errands and odd jobs couldn’t enforce the spoken promise, but recovered the fair value of his services from her estate (Deglman v. Guaranty Trust Co. of Canada, 1954 CanLII 2 (SCC)).

Money or the property itself?

Money is the usual remedy. The court gives an interest in the property, called a constructive trust, only where money wouldn’t be enough and your contribution to that property was substantial and direct. The court can also measure the award by the share of the property’s value your work or money helped create, not only an hourly rate for services.

When family help isn’t compensated

Courts ask whether you reasonably expected something in return. Help given by children within the family has sometimes been treated as given freely (McDonald v. McDonald, 2017 BCCA 255), and decades of farm work by a family friend were found to be a gift (Kennedy v. Marcotte Estate, 2022 BCSC 1486). Clear evidence of the promise, and of the expectation on both sides, often makes the difference.

Evidence to gather now

• Texts, emails, letters or cards mentioning the promise.
• People who heard the deceased say it, especially at family events.
• Records of money you put in: mortgage payments, renovations, property tax.
• A record of the work and care you gave, and for how long.
• Earlier wills that reflected the promise.

Mistakes I have seen

• Waiting to see whether the family will “do the right thing” while time limits run.
• Assuming nothing can be done because the promise wasn’t in writing.
• Not keeping records of money spent on the property.

Frequently asked questions

The promise was never written down. Do I have a case?

Possibly. A spoken promise usually can’t be enforced as a contract on its own, but what you did because of it can still support a claim.

I’m a stepchild. Can I claim?

You can’t bring a wills variation claim unless you were adopted, but an unjust enrichment claim is open to anyone.

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?

Write down the promise, when it was made and who heard it, and gather proof of the work, care or money you gave.

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 caregiver claims against an estate.

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Sources

• Wills, Estates and Succession Act (ss. 60, 61), BC Laws
• Clarkson v. McCrossen, 1995 CanLII 737 (BC CA); Schnogl v. Blazicevic, 2004 BCSC 1335, 2005 BCCA 575; Davidson v. Mackie, 1990 CanLII 1643 (BC SC); Deglman v. Guaranty Trust Co. of Canada, 1954 CanLII 2 (SCC); McDonald v. McDonald, 2017 BCCA 255; Kennedy v. Marcotte Estate, 2022 BCSC 1486; Peter v. Beblow, 1993 CanLII 126 (SCC); Kerr v. Baranow, 2011 SCC 10, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.71, 15.27, 15.29, 15.31, 15.34, 15.41

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