{"id":2448,"date":"2026-11-12T15:00:27","date_gmt":"2026-11-12T15:00:27","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/estranged-child-contest-will-bc\/"},"modified":"2026-11-12T15:00:27","modified_gmt":"2026-11-12T15:00:27","slug":"estranged-child-contest-will-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/estranged-child-contest-will-bc\/","title":{"rendered":"Estranged from your parent and left out of the will: can you still claim in BC?"},"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 Wills, Estates and Succession Act (s. 60) and the court decisions cited below checked that day.<\/em><\/p>\n

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Estrangement doesn’t automatically end your claim.<\/strong><\/p>\n

Who caused it matters most.<\/strong> A parent who abandoned or pushed a child away can’t rely on the estrangement.<\/p>\n

Long estrangements<\/strong> that weren’t the parent’s fault can defeat a claim. Deadline: 180 days from the grant.<\/p>\n

When estranged children have won<\/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

Estrangement is one of the most common reasons parents leave a child out of a will, and one of the most argued issues in BC wills variation cases. The law doesn’t treat it as automatic. Courts ask why the relationship broke down, for how long, and who was responsible. A parent can’t escape the moral duty to a child by abandoning them or withdrawing from the relationship on their own, and a judicious parent who treated a child unfairly would try to make amends in their will. Estranged children have received large shares, including half or more of an estate. On the other hand, where a long estrangement wasn’t the parent’s fault, courts have upheld a will that left the child little or nothing. Each case turns on its own facts, and the evidence of how the estrangement happened often decides it.<\/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 estranged children bringing wills variation claims and for estates defending them; this guide is by Sundeep S. Grewal.<\/p>\n

When estranged children have won<\/h2>\n
\n\n\n\n\n\n\n\n\n\n\n\n
Wills varied despite estrangement<\/caption>\n
Situation<\/th>\nResult<\/th>\nCase<\/th>\n<\/tr>\n<\/thead>\n
Two-year estrangement over a 38-year adult relationship, partly the parent’s doing<\/td>\n1% increased to 50%<\/td>\nEnns v. Gordon Estate<\/em>, 2018 BCSC 705<\/td>\n<\/tr>\n
Siblings abandoned twice by their father<\/td>\n70% of the residue<\/td>\nJung v. Poole Estate<\/em>, 2021 BCSC 623<\/td>\n<\/tr>\n
Father made the relationship conditional on accepting his second wife<\/td>\nNominal gift varied<\/td>\nMcLellan v. McLellan<\/em>, 2011 BCSC 461<\/td>\n<\/tr>\n
Son’s efforts to reconcile despite a difficult relationship<\/td>\n25% increased to 60%<\/td>\nBautista v. Gutkowski Estate<\/em>, 2023 BCSC 1485<\/td>\n<\/tr>\n
Vindictive estate plan; children in and out of favour at the parent’s instigation<\/td>\nAbout 10% increased to 25% each<\/td>\nSimmons v. McDougall Estate<\/em>, 2024 BCSC 1221<\/td>\n<\/tr>\n
Periods of estrangement and reconciliation<\/td>\n30% of the estate<\/td>\nPascuzzi v. Pascuzzi<\/em>, 2022 BCSC 907<\/td>\n<\/tr>\n
Parent disapproved of the child’s spouse<\/td>\nAward made<\/td>\nLowres v. Lowres<\/em> (1984), 17 E.T.R. 281 (B.C.S.C.)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

When estranged children have lost<\/h2>\n