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 12, 2026: the Wills, Estates and Succession Act (ss. 60, 61) and the court decisions cited below checked that day.
You can still claim. A parent can’t meet their duty to you by leaving your share to your children instead.
Grandchildren can’t bring a wills variation claim, even if their own parent died first.
Deadline: 180 days from the grant of probate.
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 parent “skips a generation”: the will leaves a son his full share, but leaves a daughter’s share to her children instead, or puts it in trust for the grandchildren. The parent may have meant well, but in BC the child who was skipped can still bring a wills variation claim. BC courts have held that a will-maker can’t discharge the moral obligation owed to a child by giving the child’s share to grandchildren, and that no moral duty is owed to grandchildren themselves. Grandchildren, on the other hand, have no right to bring a wills variation claim at all, even where their own parent, the will-maker’s child, died before the will-maker. Only the will-maker’s spouse and children can claim. 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 in wills variation claims involving children and grandchildren; this guide is by Sundeep S. Grewal.
Leave your details and our team will contact you to arrange a time with a lawyer. Or call (778) 598-3785.
Thank you, we have your request
A member of our team will contact you to arrange a time. If your matter is urgent, call us at (778) 598-3785, Monday to Friday, 9:00 am – 5:00 pm.
What BC courts have said
- A mother left half her estate to her son and split the other half between her daughter and the daughter’s two children. The courts found that a will-maker can’t meet the moral obligation to a child by benefiting grandchildren at the child’s expense, and that no moral duty is owed to grandchildren (Scurek v. Scurek, 2021 BCCA 178).
- Where an estate was split equally among two daughters and two grandchildren, the court varied it so each daughter received a larger share than each grandchild; the grandchildren’s gifts were met only after the daughters’ moral claims (Graham v. Chalmers, 2010 BCCA 13).
- A grandchild has no standing to bring a wills variation claim, even where the grandchild’s parent was the will-maker’s child and died first (Bennison v. Bennison, 2024 BCSC 1142, affirmed 2025 BCCA 195).
Who can and can’t claim
| Person | Can bring a claim? |
|---|---|
| Child of the will-maker (any age) | Yes |
| Spouse of the will-maker | Yes |
| Grandchild | No |
| A child who died before the will-maker | No; their estate can’t claim either |
| Stepchild who wasn’t adopted | No |
If you are a grandchild
- If your parent died before your grandparent, the will itself decides what passes to you; see per stirpes and a beneficiary who died first.
- If there was no will, you may inherit your parent’s share under the no-will rules. See dying without a will in BC.
- You may still be able to challenge the will’s validity if you would benefit under an earlier will or the no-will rules.
If your share was put in trust for your children
A will that leaves your share in trust for your children, or gives you only the income for life, may still not meet the parent’s duty to you. The court looks at whether the provision for you, not for your family, was adequate, just and equitable.
Mistakes I have seen
- A parent assuming “it’s going to my kids anyway, so I can’t complain”.
- Grandchildren starting a wills variation claim they have no standing to bring.
- Waiting past the 180 days because the family feels the gift to grandchildren was generous.
Frequently asked questions
Will my claim take money away from my own children?
Possibly. The court decides how to redistribute the estate, and that can reduce the gifts to grandchildren. Many families settle on terms that suit everyone.
Do grandchildren have to be named as parties?
Beneficiaries whose interests may be affected are generally parties, so grandchildren named in the will are usually included.
Can I afford to bring a claim?
We take suitable wills variation claims on contingency, so you don’t need savings to bring one.
What should I do right now?
Note the grant date, and get a copy of the will and any trust terms for the grandchildren.
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.
Ready to book? Open the booking form ↑
Sources
- Wills, Estates and Succession Act (ss. 60, 61), BC Laws
- Scurek v. Scurek, 2021 BCCA 178; Graham v. Chalmers, 2010 BCCA 13; Bennison v. Bennison, 2024 BCSC 1142, affirmed 2025 BCCA 195; Tomlyn v. Kennedy, 2008 BCSC 331, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.7, 10.8, 10.52, 10.73
This article is general information about BC law, not legal advice for your situation.