Wills variation claims · British Columbia
Unfair will? Wills variation lawyers in Abbotsford, Surrey and Vancouver
If a spouse or parent left you out of their will, or left you much less than is fair, you may be able to ask the Supreme Court of British Columbia to change it. This is a wills variation claim under section 60 of the Wills, Estates and Succession Act. Only a spouse or a child can claim, and the deadline is 180 days from the grant of probate.
- Spouses and children left out of a will
- Strict 180-day deadline
- Negotiation, mediation and court
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Has probate been granted? A wills variation claim must be started within 180 days after the grant of probate is issued in BC, and served on the executor within 30 days after that. A claim started late is usually lost.
The leading case is Tataryn v. Tataryn Estate (Supreme Court of Canada, 1994). Courts look at the will-maker’s legal and moral duties to their family, including:
- What a spouse would have been entitled to if the couple had separated
- Each child’s needs, contributions and relationship with the parent
- Help given and promises made during the will-maker’s life
- Gifts made outside the will, during the will-maker’s lifetime
A will-maker can still leave unequal shares. The question is whether the will meets the duties a judicious parent or spouse would recognize.
The law protects the estate while a claim can still be made:
- The executor generally cannot distribute the estate for 210 days after the grant, unless the beneficiaries and everyone who could bring a claim consent, or the court orders otherwise (section 155).
- Once a claim is started, the estate is usually held until it is resolved.
- Assets that pass outside the will, such as jointly held property or accounts with a named beneficiary, are generally not part of the claim.
Many claims settle through negotiation or mediation, which keeps costs down and helps preserve family relationships.
- Check the deadlineWe confirm when probate was granted and diarize the 180-day limit right away.
- Assess the claimWe review the will, the estate and your circumstances, and give you a candid view of your chances and likely costs.
- Negotiate or mediateMost claims are resolved by agreement, often at mediation.
- Court if neededIf the claim does not settle, we take it to the Supreme Court of British Columbia.
Wills variation questions
180 days from the date the grant of probate is issued in BC, and the claim must be served on the executor within 30 days after that period. Missing the 180 days is usually fatal to the claim.
Yes. BC courts recognize a parent’s moral duty to adult independent children, though what the court awards depends on all the circumstances.
No. Wills variation applies only to wills. If there was no will, the estate is shared under fixed rules instead; see probate without a will.
Courts consider the will-maker’s reasons. Valid and rational reasons, supported by the evidence, can justify leaving someone less.
No. A wills variation claim accepts that the will is valid and asks the court to change the shares. If you think the will itself is invalid, see challenging whether a will is valid.
Official sources: Wills, Estates and Succession Act, sections 60–62 and 155Tataryn v. Tataryn Estate, [1994] 2 SCR 807
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Wills variation claims help in Abbotsford, Surrey and Vancouver
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Left out of a will?
Book a consultation before the 180-day deadline and we will give you a candid assessment of your claim.