{"id":2445,"date":"2026-11-12T13:49:01","date_gmt":"2026-11-12T13:49:01","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/wills-variation-awards-bc\/"},"modified":"2026-11-12T13:49:01","modified_gmt":"2026-11-12T13:49:01","slug":"wills-variation-awards-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/wills-variation-awards-bc\/","title":{"rendered":"Wills variation awards in BC: what courts have ordered"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 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 12, 2026: the court decisions cited below checked that day.<\/em><\/p>\n

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Wide range:<\/strong> BC courts have moved claimants from nothing or a token gift to 30%, 50%, or the whole estate.<\/p>\n

What drives it:<\/strong> the will-maker’s reasons, the relationship, contributions, gifts outside the will, need, and who else benefits.<\/p>\n

Every case turns on its facts.<\/strong> These results show the range, not a promise.<\/p>\n

Children’s cases<\/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
\n

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

People considering a wills variation claim usually want to know one thing: what might the court actually do? There’s no formula, but published BC decisions show the range. Children who received a token gift have been awarded half the estate; children cut out in favour of a sibling have been given equal shares; a caregiving daughter has received a whole house; and a spouse in need has received the whole estate. Other wills have been upheld, where there was a long estrangement that wasn’t the parent’s fault, or where the claimant had already received large gifts during the parent’s life. The tables below summarize outcomes from cases discussed in the CLE estate litigation manual. Each turned on its own facts, and your result depends on yours, but they show how BC courts approach these claims.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate litigation law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, acts on wills variation claims, including on contingency in suitable cases; this guide is by Sundeep S. Grewal.<\/p>\n

Claims by adult children<\/h2>\n
\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Wills varied in favour of children<\/caption>\n
Situation<\/th>\nResult<\/th>\nCase<\/th>\n<\/tr>\n<\/thead>\n
$1,000 to each child, $1 million to a church; irrational reasons<\/td>\nChildren shared 50%<\/td>\nFlurry v. Fuller<\/em>, 2002 BCSC 1571<\/td>\n<\/tr>\n
Son disinherited in favour of neighbours<\/td>\nSon received 50%<\/td>\nMoore v. Drummond<\/em>, 2013 BCSC 1762<\/td>\n<\/tr>\n
Daughter left 1%; short estrangement partly caused by the parent<\/td>\nIncreased to 50%<\/td>\nEnns v. Gordon Estate<\/em>, 2018 BCSC 705<\/td>\n<\/tr>\n
Two siblings abandoned twice by their father<\/td>\n70% of the residue<\/td>\nJung v. Poole Estate<\/em>, 2021 BCSC 623<\/td>\n<\/tr>\n
Two of three children cut out; invalid reasons<\/td>\nEqual three-way split<\/td>\nSharma v. Sharma Estate<\/em>, 2016 BCSC 1397<\/td>\n<\/tr>\n
Sons’ residue shares of 25% each; parent unable to appreciate his duties<\/td>\nIncreased to 40% each<\/td>\nLamperstorfer v. Plett<\/em>, 2018 BCSC 89<\/td>\n<\/tr>\n
Son disinherited partly over fear he’d waste the estate<\/td>\nSon received 40%<\/td>\nBronson v. Peers<\/em>, 1996 BCSC<\/td>\n<\/tr>\n
Daughter with periods of estrangement and reconciliation<\/td>\n30% of the estate<\/td>\nPascuzzi v. Pascuzzi<\/em>, 2022 BCSC 907<\/td>\n<\/tr>\n
Daughter who contributed financially to the house and supported her mother<\/td>\nThe whole house<\/td>\nWilcox v. Wilcox<\/em>, 2000 BCCA 491<\/td>\n<\/tr>\n
Lifetime gifts to a son reflecting a preference for sons<\/td>\nDaughter received the bulk of the estate<\/td>\nLam v. Law Estate<\/em>, 2024 BCSC 1561<\/td>\n<\/tr>\n
Son given only a life interest because of his sexual orientation<\/td>\nConverted to an outright gift<\/td>\nPeden v. Peden Estate<\/em>, 2006 BCSC 1713<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Claims involving spouses<\/h2>\n
\n\n\n\n\n\n\n\n\n\n
Spouses and children<\/caption>\n
Situation<\/th>\nResult<\/th>\nCase<\/th>\n<\/tr>\n<\/thead>\n
Everything to a common-law wife of 2 years; adopted son with no contact since age 7<\/td>\nSon received half<\/td>\nPattie v. Standal Estate<\/em>, 1997 BCSC<\/td>\n<\/tr>\n
Common-law spouse of 21 years who gave up her career and cared for the will-maker<\/td>\nLump sum award<\/td>\nPicketts v. Hall Estate<\/em>, 2009 BCCA 329<\/td>\n<\/tr>\n
Short marriage; adult child left out and in extreme need; modest estate<\/td>\nChild received the whole estate<\/td>\nHagen-Bourgeault v. Martens<\/em>, 2016 BCSC 1096<\/td>\n<\/tr>\n
Second spouse in poor health and of modest means<\/td>\nSpouse received the whole estate<\/td>\nWong v. Chong Estate<\/em>, 2016 BCSC 953<\/td>\n<\/tr>\n
Long-term spouse, large estate, no need<\/td>\nHalf the family property<\/td>\nCiarniello v. James<\/em>, 2016 BCSC 1699<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Wills upheld<\/h2>\n
\n\n\n\n\n\n\n\n\n\n
Claims that didn’t succeed<\/caption>\n
Situation<\/th>\nCase<\/th>\n<\/tr>\n<\/thead>\n
Daughter who had contacted her mother only sporadically for years<\/td>\nBell v. Roy Estate<\/em>, 1993 BCCA<\/td>\n<\/tr>\n
Son who became violent toward his parents and cut off contact<\/td>\nKelly v. Baker<\/em>, 1996 BCCA<\/td>\n<\/tr>\n
17-year estrangement<\/td>\nBrown v. Pearce<\/em>, 2014 BCSC 1402<\/td>\n<\/tr>\n
Son had received 51% of the parent’s assets during life<\/td>\nPeterson v. Welwood<\/em>, 2018 BCSC 1379<\/td>\n<\/tr>\n
First family received insurance outside the will; long second marriage<\/td>\nSim v. Sim Estate<\/em>, 2016 BCSC 1222<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

What drives the result<\/h2>\n