Published
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 11, 2026: the Wills, Estates and Succession Act (ss. 60 to 62) and the court decisions cited below checked that day.
Yes, daughters can challenge it. In BC, a child of any age can ask the court to vary a will that doesn’t make adequate provision for them (WESA s. 60).
Tradition isn’t a valid reason. BC courts have said that leaving most of an estate to sons rather than daughters because of custom has no legitimate place under BC law.
Deadline: 180 days from the date the grant of probate is issued.
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.
It still happens in many BC families: a parent leaves the house, the land or most of the estate to the sons, and a smaller share, or nothing, to the daughters, often because “that’s how it’s done” or because daughters are expected to be looked after by their husband’s family. BC law doesn’t accept that reasoning. Under WESA s. 60, any child of the deceased, including an adult, financially independent daughter, can ask the BC Supreme Court to vary a will that doesn’t make adequate, just and equitable provision for her. The court asks what a judicious parent would have done, judged by today’s standards, and BC judges have said that a tradition of favouring sons over daughters has no legitimate place in that analysis. That doesn’t mean every unequal will is changed, or that the court will always divide the estate equally. But a daughter who was given less because she is a daughter has a real basis to ask. The claim must be started within 180 days of the grant of probate.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for daughters and sons in wills variation claims, in English, Punjabi and Hindi; this guide is by Sundeep S. Grewal.
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Who can bring the claim
- Daughters and sons of the deceased, whether minors or adults, and whether or not they need the money. Adopted children count; stepchildren who were never adopted don’t.
- The deceased’s spouse, married or in a marriage-like relationship of at least 2 years.
- Not: grandchildren, daughters-in-law, siblings of the deceased, or other relatives.
The claim is against the parent’s estate, and only the estate passing under the will. See wills variation claims.
What BC courts have said
- A tradition of leaving the lion’s share of an estate to sons rather than daughters has been described as having no legitimate context in Canadian society and as running afoul of BC’s wills variation law (Prakash v. Singh, 2006 BCSC 1545; Chan v. Lee Estate, 2002 BCSC 678, appeal allowed in part 2004 BCCA 644; Werbenuk v. Werbenuk Estate, 2010 BCSC 1678).
- A will-maker’s view that “land ownership was for men” was given little weight (Re Serra Estate, 1978).
- Courts don’t always order an equal split. In one case the will was varied in the daughters’ favour, but the estate wasn’t divided equally among the siblings (Grewal v. Litt Estate, 2019 BCSC 1154).
- Lifetime gifts can count too. Where a parent had given a son large gifts during life because of a gender preference, the court took those gifts into account and gave a daughter the bulk of an estate the will had divided equally (Lam v. Law Estate, 2024 BCSC 1561).
What else the court looks at
Gender is not the only question. The court weighs the whole family picture, including:
- the size of the estate, and gifts each child received during the parent’s life;
- what each child contributed, such as caring for the parent, working on the farm or in the business, or paying toward the house;
- each child’s relationship with the parent, and any estrangement;
- each child’s financial needs and circumstances, including any disability;
- any reasons the parent gave, in the will or elsewhere, and whether they were true and logically connected to the gift (WESA s. 62).
Where a parent divided the estate equally, courts usually treat that as fair as a rule of thumb. An unequal split isn’t automatically wrong, either: a son who cared for a parent for years, or built the family business, may have earned a larger share. What isn’t a valid reason is simply being a son.
Property that passes outside the will
Some property never reaches the estate: a house held in joint tenancy with a son, accounts held jointly, and RRSPs, TFSAs or life insurance with a named beneficiary. The court can’t divide those directly in a wills variation claim, but it can take them into account in deciding what’s fair from the estate. A transfer to a son during the parent’s life may also be open to challenge on its own as a resulting trust. See money given away before death and joint tenancy.
When the family says “don’t make it a court case”
Many daughters hesitate because of family pressure. Most wills variation claims settle, often at mediation, without a trial. A claim also keeps your rights alive while the family talks: once the 180 days pass, the right to ask the court is generally gone. A clause in the will saying a child who challenges it loses their gift doesn’t stop a wills variation claim (see no-contest clauses).
Mistakes I have seen
- Waiting for the brothers to “do the right thing” until the 180 days have passed.
- Signing a release or a family agreement before getting advice.
- Assuming the house is in the estate when it was held jointly with one son.
- Assuming a claim means asking for an exactly equal share; the court looks at what’s adequate, just and equitable, which may be more or less.
Frequently asked questions
I’m married and financially comfortable. Can I still claim?
Yes. Financial need isn’t required for an adult child’s claim, although your circumstances are one of the factors the court weighs.
My parent said in the will that daughters get less because of our tradition. Does that end it?
No. The court considers the will-maker’s reasons, but a reason based only on custom favouring sons has been held not to be a legitimate basis under BC law.
Will the court give me an equal share?
Not necessarily. The court decides what’s adequate, just and equitable for your family’s situation. In some cases that has been equal, and in others not.
Who pays the legal costs?
In wills variation claims, the losing side is generally ordered to pay part of the winner’s costs, though courts sometimes order differently. Ask about costs at your first meeting.
What should I do right now?
Find out whether probate has been granted and on what date, get a copy of the will, and write down what each child received during your parent’s life.
Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver, in English, Punjabi or Hindi. See also adult children contesting a will.
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Sources
- Wills, Estates and Succession Act (ss. 60, 61, 62), BC Laws
- Prakash v. Singh, 2006 BCSC 1545; Chan v. Lee Estate, 2002 BCSC 678, 2004 BCCA 644; Werbenuk v. Werbenuk Estate, 2010 BCSC 1678; Grewal v. Litt Estate, 2019 BCSC 1154; Re Serra Estate, [1978] B.C.J. No. 162 (S.C.); Lam v. Law Estate, 2024 BCSC 1561, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.4, 10.52, 10.74, 10.78
This article is general information about BC law, not legal advice for your situation.