In British Columbia, the law places an obligation on us to provide for our spouses and children. If an individual has failed to do so by the terms of their will, the courts may vary the terms of the will. The term "spouse" does include those who are common-law, while the term "child" only applies to biological or adopted children, not stepchildren. While an individual may have the freedom to arrange the distribution of his or her assets as they see fit, the Wills Variation Act was enacted to ensure that dependent spouses and children are left with adequate provisions. If a spouse or child is disinherited, the court may not interfere if there is a good reason for the disinheritance.

Essentially, a wills variation action is commenced when a spouse or child of a deceased person commences a lawsuit alleging they were not adequately provided for in the will. The Wills Variation Act imposes a time limitation of 6 months from the date of probate to commence action.

If you have any question or concerns regarding a wills variation action please complete our Estate Litigation Assessment Form and a member of our Estate Litigation department will contact you within one business day.

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