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. 2, 60, 61) and the court decisions cited below checked that day.
Children from the first family can claim against their own parent’s estate (WESA s. 60).
The spouse comes first, but not necessarily to everything. The court balances the spouse’s strong claim with the children’s.
Act on your parent’s estate. Stepchildren generally can’t claim against a step-parent’s estate later.
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.
A common story in blended families: a parent remarries, and the will leaves everything to the new spouse, on the understanding, sometimes just assumed, that the spouse will look after the children later. Then the step-parent’s own will leaves everything to their own family. In BC, the children of the deceased, including adult children, can ask the court to vary their parent’s will if it doesn’t make adequate provision for them (WESA s. 60). The surviving spouse usually has the stronger claim, especially after a long marriage, because a spouse is owed legal obligations similar to those on separation. But a spouse’s priority doesn’t automatically mean the children get nothing, and in shorter second marriages or large estates, courts have made provision for the first family. The timing is critical: the claim has to be brought against your parent’s estate within 180 days of the grant. Stepchildren who were never adopted have no wills variation claim against a step-parent’s estate later.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for children and surviving spouses in blended-family estate disputes; this guide is by Sundeep S. Grewal.
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Who counts as a spouse and a child
- Spouse: married to the deceased, or living with them in a marriage-like relationship for at least 2 years, and not separated at death (WESA s. 2).
- Child: a birth or adopted child of the deceased, of any age. A stepchild who was never adopted isn’t a “child” for a wills variation claim against the step-parent.
How courts balance the spouse and the children
- Legal obligations, which a spouse usually has, take priority over moral obligations, which is mostly what adult children have. A long-term spouse may be entitled to at least what they’d have received on separation.
- Where the estate is large enough to meet everyone’s claims, the court tries to.
- In a short second marriage with separate finances, the spouse’s moral claim can be weaker.
- A parent may prefer the children of a second marriage where the second spouse largely built the estate.
- Life insurance or other assets the first family received outside the will can show the parent met their duty.
Examples from BC cases
| Situation | Result |
|---|---|
| Everything to a common-law wife of two years; adopted adult son, no contact since age seven | Son awarded half the estate (Pattie v. Standal Estate, 1997 BCSC) |
| Everything to a long-term second spouse, with written reasons; first family received insurance outside the will | No variation for the first children (Sim v. Sim Estate, 2016 BCSC 1222) |
| Short marriage; adult child left out and in extreme financial need; modest estate | Child, not the spouse, received the estate (Hagen-Bourgeault v. Martens, 2016 BCSC 1096) |
| Long-term spouse with no financial need, large estate | Spouse entitled to half the family property; spouse’s moral claim higher than adult children’s (Ciarniello v. James, 2016 BCSC 1699) |
Why timing matters
If you wait for the step-parent to “do the right thing”, you may lose your claim. The 180 days run from the grant of probate of your parent’s estate. When the step-parent dies, their estate goes under their own will, and stepchildren who were never adopted can’t bring a wills variation claim against it. Get advice soon after your parent’s death, even if relations with the step-parent are good.
The house in joint names
Couples often hold the home in joint tenancy, so it passes straight to the surviving spouse and isn’t in the estate at all. The court can still take it into account in deciding what’s fair from what is in the estate. See joint tenancy and RRSPs, TFSAs and insurance on death.
Mistakes I have seen
- Relying on a verbal promise that the step-parent will leave everything to the children.
- Assuming “the will can’t be challenged because she’s his wife”.
- Not checking whether the second relationship met the 2-year marriage-like test, or had ended before death.
- Missing a prenuptial or cohabitation agreement that affects the spouse’s claim.
Frequently asked questions
Can my step-mother sell the house before my claim is decided?
If the house is in the estate, a certificate of pending litigation can be registered against it once a wills variation claim is filed. If it passed to her by joint tenancy, it’s hers.
Can the surviving spouse also challenge the will?
Yes. A spouse who was left too little can bring a wills variation claim too.
I was raised by my step-father but never adopted. Can I claim?
Not under wills variation. You may have other claims, for example for unpaid care, depending on the facts.
What should I do right now?
Find out whether probate has been granted and when, and gather what you know about the second relationship, the house title and any agreements.
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 (ss. 2, 60, 61), BC Laws
- Pattie v. Standal Estate, 1997 CanLII 2503 (BC SC); Sim v. Sim Estate, 2016 BCSC 1222; Hagen-Bourgeault v. Martens, 2016 BCSC 1096; Ciarniello v. James, 2016 BCSC 1699; Scott-Polson v. Henley, 2013 BCSC 247, 2013 BCCA 428; R. (J.) v. M. (J.D.), 2016 BCSC 2265, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.7, 10.52, 10.60
This article is general information about BC law, not legal advice for your situation.