Unequal Inheritance Between Siblings in BC: Can You Challenge It?

Many people assume children must be treated equally, but BC law respects the will-maker’s wishes. A will is changed only if the result is truly unfair. Asking for an equal share is the best case, and a court may award less.

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• Unequal Inheritance Between Siblings in Canada – Case Study

Full transcript

Why are unequal gifts between adult children so often litigated? I think unequal gifts are often litigated between siblings because there is this assumption that all children should be provided for equally. But that’s not what the law provides. The law provides that the testators’ autonomy, their wishes, need to be respected as much as possible. And should only be disturbed if an inheritance or disinheritance is truly unfair and the court needs to correct it for that in most variation claims.

So I often tell my clients that, sure, your best case scenario might be for a variation for an equal share. But it’s also highly likely that you might get something less than an equal share given your circumstances because you need to justify why equal is really the most fair. If each person has a different relationship, it makes different contributions to their parent and the parent is entitled to make their own choices.

General information, not legal advice.