Worked unpaid in the family farm or business and left out of the will: your claims in BC

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 12, 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 12, 2026: the Wills, Estates and Succession Act (ss. 60, 61) and the court decisions cited below checked that day.

In many families, one child stays to work on the farm, in the store or in the family business, often for little or no pay, while the parents build up the assets. When the will then leaves the business or land to a sibling, or splits it equally, that child may have strong claims. In a wills variation claim, the Supreme Court of Canada has said a child’s contribution to the estate can create a legal obligation, through the principles of unjust enrichment, that ranks ahead of purely moral claims. Contributions to the estate’s growth or upkeep have led BC courts to give larger shares, including whole houses. Anyone, not just a child, can also bring an unjust enrichment claim for the value of unpaid work. Courts look closely at whether the work was given freely, as family help, or with a reasonable expectation of reward.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for family members who built up a farm or business without fair pay, and for estates answering those claims; this guide is by Pardeep S. Grewal.

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Two routes

What courts have done

• A will that recognized a grandson’s contributions to the family farming business was upheld against the daughters’ claims (Re Dawson, 1945 CanLII 318 (BC SC)).
• Children who repaired and maintained the family home and investment properties were entitled to share in the estate (Re Sleno, 1977 CanLII 1729 (BC SC)).
• A son who contributed to the estate received a larger share than his sister (Harris v. Harris, [1980] B.C.J. No. 1417 (QL) (S.C.)).
• A daughter who contributed financially to the house and supported her mother received the whole house (Wilcox v. Wilcox, 2000 BCCA 491).
• A wife who had at times been the family breadwinner received the whole estate (Gieni Estate v. Romaniuk, [1980] B.C.J. No. 1639 (QL) (S.C.)).

When work isn’t compensated

Services children give within the family may be denied recovery where there was no reasonable expectation of payment (McDonald v. McDonald, 2017 BCCA 255), though extraordinary circumstances can support a claim (Antrobus v. Antrobus, 2009 BCSC 1341, varied 2010 BCCA 356). Decades of farm labour by a family friend were found to be a gift (Kennedy v. Marcotte Estate, 2022 BCSC 1486). Being prepared to help out of love doesn’t by itself rule out a claim.

How the award is measured

An unjust enrichment award can be what the work would have cost on a business basis, or the share of the property’s increase in value that the work created (Kerr v. Baranow, 2011 SCC 10). Where money isn’t enough and the contribution was substantial and direct, the court can give an interest in the property itself.

Evidence to gather

• Pay records, or proof of no pay, and tax returns.
• Hours, seasons and years worked; roles and responsibilities.
• Growth of the farm or business over that time.
• Statements about who would take over.

Mistakes I have seen

• Assuming family work can never be compensated.
• Having no record of the hours and years worked.
• Bringing only one claim when both wills variation and unjust enrichment are open.

Frequently asked questions

I was paid a small wage. Can I still claim?

Possibly. The question is whether you were fairly compensated for what you gave, and what you were led to expect.

The business is in a company. Does that matter?

It can affect who the claim is against and how it’s valued; company records become important evidence.

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 years and hours you worked and what you were told about the future, and note the grant date.

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 promised an inheritance that wasn’t in the will.

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Sources

• Wills, Estates and Succession Act (ss. 60, 61), BC Laws
• Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC); Re Dawson, 1945 CanLII 318 (BC SC); Re Sleno, 1977 CanLII 1729 (BC SC); Harris v. Harris, [1980] B.C.J. No. 1417 (QL) (S.C.); Wilcox v. Wilcox, 2000 BCCA 491; Gieni Estate v. Romaniuk, [1980] B.C.J. No. 1639 (QL) (S.C.); McDonald v. McDonald, 2017 BCCA 255; Antrobus v. Antrobus, 2009 BCSC 1341, 2010 BCCA 356; Kennedy v. Marcotte Estate, 2022 BCSC 1486; Kerr v. Baranow, 2011 SCC 10, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.71, 15.24, 15.26, 15.27, 15.31, 15.34

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