{"id":2431,"date":"2026-11-12T06:22:01","date_gmt":"2026-11-12T06:22:01","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/separated-spouse-wills-variation-bc\/"},"modified":"2026-11-12T06:22:01","modified_gmt":"2026-11-12T06:22:01","slug":"separated-spouse-wills-variation-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/separated-spouse-wills-variation-bc\/","title":{"rendered":"Separated but not divorced when your spouse died: your rights 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, 56, 60) checked that day.<\/em><\/p>\n

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Separation, not divorce, is what counts.<\/strong> Under WESA, married spouses stop being “spouses” when they separate in a way that triggers a family property interest under the Family Law Act.<\/p>\n

No wills variation claim and no spousal share<\/strong> once you’ve stopped being spouses.<\/p>\n

Gifts to a former spouse in the will<\/strong> are generally revoked (WESA s. 56).<\/p>\n

Claims that may remain<\/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

Many people assume that until there’s a divorce, a husband or wife is still a spouse for inheritance purposes. In BC that’s no longer true. Under WESA s. 2(2), married spouses stop being spouses for estate purposes when an event happens that gives them an interest in family property under the Family Law Act, which is separation. For a marriage-like relationship, spousal status ends when one or both people end the relationship. Once that happens, the survivor can’t bring a wills variation claim as a spouse, and doesn’t take a spouse’s share if there’s no will. Gifts in the will to the former spouse, and their appointment as executor, are generally revoked as if they had died first, unless the will shows a different intention (s. 56). A separated spouse isn’t left with nothing, though. Because separation gives each spouse an interest in family property, a separated spouse may be able to bring a family property claim against the estate instead.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate litigation law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, advises surviving spouses, separated spouses and executors on spousal status disputes; this guide is by Sundeep S. Grewal.<\/p>\n

When you stop being a spouse<\/h2>\n
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Spousal status under WESA s. 2<\/caption>\n
Relationship<\/th>\nSpousal status ends when<\/th>\n<\/tr>\n<\/thead>\n
Married<\/td>\nThe spouses separate, with at least one intending it to be permanent. This can happen without a court order, and even shortly before death<\/td>\n<\/tr>\n
Marriage-like (at least 2 years)<\/td>\nOne or both people terminate the relationship. Whether that happened is decided on the whole history, and on-again, off-again relationships have been found not to have ended<\/td>\n<\/tr>\n
Reconciliation<\/td>\nSeparated married spouses who live together again within a year, mainly to reconcile, for at least 90 days in total aren’t treated as separated (s. 2(2.1))<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

What separation means for the estate<\/h2>\n