Category: Wills Variation
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How Long Do You Have To Contest a Will in BC?
You may want to contest a will if you have been disinherited, did not receive a fair share in comparison to your siblings, or if you suspect the will does not represent the true wishes of the deceased person. Generally, the time you have to contest a will in BC is 180 days from the […]
Wills, Estates, and Succession Act BC
Quick answer: The Wills, Estates and Succession Act (WESA) is British Columbia’s main law governing wills, estates, and what happens when someone dies. In force since March 31, 2014, it replaced and consolidated several older statutes, including the Wills Act, the Estate Administration Act, and the Wills Variation Act. WESA sets out how to make […]
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 […]
Can an Ex-Wife Contest a Will in BC?
Separation and divorce can unsettle so many areas of life, including a person’s estate plan. While an ex-wife or ex-husband may be able to contest a will in BC, questions and issues arise such as whether an ex-spouse can inherit under an old will that pre-dates the separation, if an ex-spouse can challenge the existing […]
Who Can Contest a Will in British Columbia?
A clear estate plan can ensure the smooth transfer of assets, minimize estate taxes, and provide significant peace of mind. Proper estate planning can also help avoid disputes among surviving family members. Will challenges happen when plans go awry (or aren’t made in the first place). Contesting a will can be a difficult and emotional […]
Unequal Inheritance Between Siblings in Canada – Case Study
In Canada, the question of whether an inheritance should be distributed equally between siblings has been a subject of legal debate. In British Columbia, for example, the case of Grewal v. Litt showcased a situation where an unequal inheritance between siblings led to a legal challenge. Our expert estate litigation lawyers can provide you with valuable […]
Wills Variation Act BC Limitation Period
In BC, a spouse or child who believes a will fails to provide for them can bring a wills variation claim under WESA. The deadline is strict: the claim must be started within 180 days of the grant of probate. Miss it and the right to vary the will is usually lost for good. A […]
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 […]
Is A Handwritten Will Legal in British Columbia? (Case Study)
When it comes to distributing a loved one’s assets, the legality of a handwritten will can be a source of dispute in British Columbia. But just how valid is a handwritten note left behind? The recent Skopyk Estate, 2017 BCSC case put this question to the test, as the court was tasked with determining the […]