{"id":2440,"date":"2026-11-12T13:48:33","date_gmt":"2026-11-12T13:48:33","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/disabled-adult-child-left-out-of-will-bc\/"},"modified":"2026-11-12T13:48:33","modified_gmt":"2026-11-12T13:48:33","slug":"disabled-adult-child-left-out-of-will-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/disabled-adult-child-left-out-of-will-bc\/","title":{"rendered":"Disabled adult child left out of a will: wills variation claims in BC"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/p>\n

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

Updated November 12, 2026: the Wills, Estates and Succession Act (ss. 60, 61, 64) and the court decisions cited below checked that day.<\/em><\/p>\n

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A strong claim:<\/strong> BC courts generally hold that a parent owes a moral duty to an adult child with a disability.<\/p>\n

Government benefits don’t cancel it.<\/strong> Courts have varied wills even where the child received state support.<\/p>\n

Protecting benefits:<\/strong> the court can order the child’s share held in a trust.<\/p>\n

What courts have done<\/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

Parents sometimes leave little to an adult child with a disability, out of worry the money will be misused, a belief that government support is enough, or simple oversight. In BC, that child, or someone acting for them, can ask the court to vary the will under WESA s. 60. BC courts generally hold that a parent owes a moral duty to a disabled adult child, and that this duty isn’t cancelled because the child receives government benefits. Adequacy is judged objectively, not by what the parent believed was enough, and where state support provides only a basic level of living, courts have varied wills in the child’s favour. To protect eligibility for disability benefits, the court can direct that the child’s share be held in a trust. Where the child can’t manage their own affairs, a litigation guardian brings the claim, and the Public Guardian and Trustee must be served.<\/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 adult children with disabilities and their families in wills variation claims; this guide is by Pardeep S. Grewal.<\/p>\n

What BC courts have done<\/h2>\n