Understanding Wills Variation Claims in British Columbia

Wills, Estates and Probate
treated unfairly in a will by family

Understanding Wills Variation Claims in British Columbia

A wills variation claim is a legal action brought by a spouse or child of a deceased person who believes they were not fairly provided for in the deceased’s will. In British Columbia, section 60 of the Wills, Estates and Succession Act (WESA) allows eligible individuals to ask the court to change the distribution of an estate if the will-maker failed to make “adequate provision for the proper maintenance and support” of that person.

This type of claim is unique to BC law and reflects the province’s approach to balancing testamentary freedom—the right of individuals to distribute their estate as they choose—with the legal and moral obligations they may owe to close family members.

What Does “Proper Maintenance and Support” Mean?

The courts distinguish between two types of obligations when reviewing a wills variation claim:

  • Legal Duty: This refers to obligations that would be imposed by law had the relationship ended in separation or divorce rather than death. For example, in the case of a spouse or minor child, the courts often consider what would have been fair under family law—typically involving a division of property and financial support.
  • Moral Duty: This applies more broadly, especially to adult children. A will-maker is not legally required to provide for adult children, but the courts may still recognize a moral obligation depending on the relationship, the size of the estate, and the surrounding circumstances.

Every case is assessed individually. The court looks at the size of the estate, the financial needs of the claimant, the relationship between the claimant and the will-maker, and any competing claims from other beneficiaries.

Common Scenarios That Lead to Wills Variation Claims

Wills variation claims can arise in a wide range of family situations. Here are a few common examples:

  • Blended Families: A will-maker with children from a previous marriage leaves most or all of their estate to their second spouse or children from the second marriage, leaving earlier children little or nothing.
  • Unequal Treatment Among Children: A parent leaves a significantly larger share—or all—of their estate to one child, and gives less or none to the others, without an adequate explanation or justification.
  • Estrangement: Even in cases where a parent was estranged from a child, courts may still find a moral obligation depending on the reason for the estrangement and other relevant factors.
  • Overdependence on One Child: A parent leaves everything to a child who was their caregiver, cutting out other siblings entirely. While this may reflect gratitude, the court may decide it fails to meet obligations to other children.

What the Courts Consider

The courts aim to balance fairness and the will-maker’s intentions. They typically ask questions such as:

  • Did the will-maker provide for their spouse and dependent children in a way consistent with legal obligations?
  • Is the distribution of the estate consistent with what a reasonable will-maker would have done in similar circumstances?
  • Are there valid reasons for unequal treatment (e.g., financial support provided during the will-maker’s lifetime, estrangement caused by the child)?

The outcome of a wills variation claim is highly fact-specific. While some claims result in a court-ordered redistribution of the estate, others may be dismissed if the court finds the will-maker’s choices were justified.

Important Deadlines

Wills variation claims must be filed within 180 days from the date the court issues a representation grant (also known as a grant of probate or grant of administration). This deadline is firm and cannot be extended, so if you believe you have grounds to challenge a will, it is critical to seek legal advice promptly.

Why Seek Legal Advice Early

If you believe you’ve been unfairly treated in a will—or you’re an executor facing a potential claim—early legal guidance is key. Wills variation claims involve complex legal analysis, court procedure, and often sensitive family dynamics. An experienced estate litigation lawyer can help you understand your rights and build a clear strategy based on the specific details of your case.

Trusted Support From the Beck, Robinson & Company Team

At Beck, Robinson & Company, we’ve helped clients across BC resolve wills variation claims with professionalism, care, and clarity. We understand the emotional and financial stakes involved, and we work to find practical, respectful resolutions whenever possible—whether through negotiation, mediation, or court proceedings.

If you’re concerned about how a will treats you or someone you care about, don’t rely solely on general information. Every situation is different. Contact us for a confidential consultation, and let’s talk about how we can help.