{"id":2429,"date":"2026-11-12T06:21:50","date_gmt":"2026-11-12T06:21:50","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/will-left-everything-to-new-spouse-bc\/"},"modified":"2026-11-12T06:21:50","modified_gmt":"2026-11-12T06:21:50","slug":"will-left-everything-to-new-spouse-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/will-left-everything-to-new-spouse-bc\/","title":{"rendered":"Will left everything to the new spouse: what the children from the first family can do in BC"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 11, 2026<\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 2, 60, 61) and the court decisions cited below checked that day.<\/em><\/p>\n

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Children from the first family can claim<\/strong> against their own parent’s estate (WESA s. 60).<\/p>\n

The spouse comes first, but not necessarily to everything.<\/strong> The court balances the spouse’s strong claim with the children’s.<\/p>\n

Act on your parent’s estate.<\/strong> Stepchildren generally can’t claim against a step-parent’s estate later.<\/p>\n

Why timing matters<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate litigation law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, acts for children and surviving spouses in blended-family estate disputes; this guide is by Sundeep S. Grewal.<\/p>\n

Who counts as a spouse and a child<\/h2>\n