Category: WESA s.60
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| Estate Law, WESA s.60, Wills
BC Inheritance Laws: Who Inherits, and What Beneficiaries Are Owed
Short answer: BC inheritance law runs on the Wills, Estates and Succession Act. If there’s a valid will, the estate follows it, though a spouse or child can apply to vary a will they consider unfair. With no will, WESA’s intestacy rules set who inherits and in what share. Either way the estate goes through […]
| Estate Law, WESA s.60, Wills
How Long Does It Take to Receive an Inheritance in Canada?
Short answer: Most straightforward BC estates take about a year to pay out. Probate alone can run a few months, and the executor generally has a year — the “executor’s year” — to gather assets, settle debts and taxes, and distribute. There’s also a 210-day rule: executors usually wait 210 days from the grant of […]
Wills Variation BC
In British Columbia, section 60 of the Wills, Estates and Succession Act lets a spouse or child ask the court to vary a will that fails to make adequate provision for them. A will-maker’s freedom to disinherit close family is limited, and any reasons given for disinheriting a spouse or child must be both valid […]
Estranged Daughter Left Out of Will: A Case Study
In BC, an adult child can bring a wills variation claim, but the court will uphold a disinheritance supported by valid and rational reasons. In LeVierge v. Whieldon, an estranged daughter’s claim failed because the court found her own conduct, not an unfair will, explained why she was left out. A classic example of an […]
Interim Distribution of an Estate
If you are a beneficiary who is waiting for the outcome of a wills variation claim, you may be facing the frustrating prospect of having your rightful share of the estate tied up in legal proceedings for months or even years. The good news is that interim distribution is possible, even while the litigation is […]
Payment from Estate Pending Disinherited Daughter’s Wills Variation Claim
Once a wills variation claim is filed, the executor cannot distribute the estate without the consent of the affected beneficiaries or a court order. A beneficiary who needs funds in the meantime can apply under section 155 of WESA for an interim distribution, which the court weighs using the Hecht v. Hecht factors before deciding […]
Father Disinherits Daughters in a Misguided Attempt to Punish Them
Quick answer: A parent in BC generally cannot disinherit a child simply out of anger and have it stick. Under section 60 of the Wills, Estates and Succession Act, a child — including an independent adult child — can ask the court to vary a will that fails to make adequate, just, and equitable provision […]
Cultural Tradition Favouring Sons Rejected by BC Courts
Equal treatment of siblings is not always required when dividing an estate in BC. However, variation of a will may be in order if unequal treatment of sons and daughters is based on cultural traditions that do not align with modern Canadian values. Contemporary standards create a reasonable expectation of children sharing equally in a […]
What Happens When Is BC Wills Variation Claim Nets Increased Inheritance for Only Child?
In BC, a disinherited or lightly-provided-for child can bring a wills variation claim, and the court scrutinizes the will-maker’s reasons. Even a written explanation for unequal treatment may not hold up. In Schipper Estate, a devoted only child’s share was increased despite the parents’ stated plan. In BC, if a child is disinherited by a […]
BC Court Finds Father Had Good Reason to Disinherit Two Sons: Case Analysis
If you have been left out of your parent’s will or not treated equally when compared with your siblings, it may be open to you to bring a wills variation claim, asking the court to change the will in your favour after your parent’s death. However, as the court’s decision in Kong v. Kong, 2015 […]