Who can bring a wills variation claim
Division 6 of B.C.’s Wills, Estates and Succession Act allows a spouse or child of a deceased will-maker to seek variation where the will does not make adequate provision for proper maintenance and support. Eligibility and the meaning of spouse or child can require legal analysis.
This is different from a will-validity challenge. A valid will can still be the subject of a variation claim.
The 180-day filing period is critical
WESA provides that a wills variation proceeding must be commenced within 180 days from the date the representation grant is issued in British Columbia. The Act also contains service requirements.
Because a representation grant may be issued before every family member fully understands the estate, potential claimants should find out whether probate has been granted and obtain advice promptly.
What the court may consider
Wills variation cases can involve the deceased’s legal obligations, moral obligations, reasons for the distribution, the claimant’s circumstances, competing beneficiaries and the size and structure of the estate. The analysis is fact-intensive rather than a fixed percentage formula.
Letters, prior wills, financial records and evidence of the family relationship may become important. Preserve original documents and avoid altering digital records.
Settlement can be practical
Estate litigation consumes time and estate resources. Mediation or negotiated resolution can sometimes address competing interests without a full trial. Any settlement should also consider tax, property and implementation issues rather than focusing only on a headline dollar amount.
Related estate-dispute guides
If the concern is that the will was not valid because of capacity, execution or undue influence, use the will validity guide. If the dispute concerns administration rather than distribution, see executor accounting and removal and beneficiary rights.
Questions people often ask
Can every beneficiary seek wills variation?
No. The statutory remedy is available to qualifying spouses and children, not every disappointed beneficiary.
Is the deadline two years?
Do not rely on the general civil limitation period. WESA sets a specific 180-day period from the representation grant for wills variation proceedings.
Does a variation claim mean the will is invalid?
No. The claim asks the court to vary the distribution of an otherwise valid will.