by Tim Louis
Imagine this scenario: A loved one passes away, and amid the heartache and loss, the family gathers to hear the details of the Will. But as the lawyer reads the document, something doesn’t feel right. Perhaps the Will unexpectedly leaves you out, or maybe the estate’s assets have been divided in ways that just don’t seem fair or justified. Now, your grief is joined by uncertainty, frustration, and maybe even confusion. You find yourself asking, “How do I contest a Will in BC?”
Estate disputes are more than just legal matters; they often involve complicated emotions, longstanding family dynamics, and sensitive discussions about fairness, legacy, and respect. At the centre of many of these conflicts is something called Wills Variation—a critical legal provision under British Columbia’s Wills, Estates, and Succession Act (WESA).
But what exactly is Wills variation in British Columbia, and how does it impact your rights when facing an unfair or unexpected Will?
In this comprehensive guide, we’ll clearly explain what Wills Variation is, how it applies to estate litigation in Vancouver, and why understanding your options early can significantly impact the outcome of your claim.
Together, we’ll navigate the complexities of estate litigation, equipping you with practical knowledge and clarity so that you can confidently protect your rights and honour your loved one’s legacy.
If you’re dealing with a contested Will or estate dispute, remember you’re not alone—Tim Louis & Company is here to support you every step of the way.
Consider this situation: You’ve always had a close, loving relationship with your parents. You’ve looked after them, cared for them in their later years, and genuinely assumed you’d be treated fairly in their Will. But now, faced with its contents, you feel shocked and disheartened. Perhaps you’ve been disinherited altogether, or your inheritance seems unfairly modest compared to your siblings. It’s a situation that leaves many wondering, “What can I do if a Will feels unjust?”
In British Columbia, individuals who find themselves unfairly treated in a Will have a powerful legal option known as a Wills Variation Claim. Under the Wills, Estates and Succession Act (commonly referred to as WESA), a spouse or child who believes they’ve been inadequately provided for can ask the courts to modify the terms of the Will to reflect what is fair and just, given their unique circumstances.
But who exactly can make a claim? Under BC law, spouses—both married and common-law—as well as biological and adopted children, have the right to seek a variation of a Will if they believe the distribution doesn’t adequately provide for their reasonable needs. The key term here is “adequate provision,” and what counts as adequate often depends on many personal, financial, and emotional factors, making these claims highly personal and subjective.
You might wonder if these claims are common or merely the stuff of dramatic courtroom dramas. Wills Variation claims are surprisingly frequent here in British Columbia. With substantial property values, especially around Vancouver, disputes can quickly escalate into high-stakes conflicts. The BC Supreme Court regularly hears such cases, often involving valuable real estate, family businesses, or complex family dynamics.
The reality is this: Estate litigation isn’t merely about money—it’s about fairness, respect, and ensuring that a loved one’s legacy is honoured fairly. Knowing your rights and understanding your options under the Wills, Estates and Succession Act (WESA) can make all the difference.
If you feel you’ve been unjustly treated in a Will or need expert guidance navigating this complex area of law, Tim Louis & Company is ready to help. With decades of experience resolving estate litigation disputes compassionately yet effectively, we are your trusted legal advocates in Vancouver.
Remember, you don’t have to face this stressful process alone—contact Tim Louis today, and let us help you secure what’s rightfully yours.
When families face the loss of a loved one, it’s natural to expect that the distribution of their estate will reflect fairness, clarity, and genuine intentions. Unfortunately, this isn’t always the case. Estate disputes in Vancouver frequently arise from a variety of common circumstances, each with their own complexities and emotional impacts.
One of the most common reasons for contesting a Will in Vancouver involves perceptions of unfair treatment or outright disinheritance. Imagine a scenario where one sibling, who cared extensively for an aging parent, discovers they have received substantially less than their brothers or sisters—or perhaps nothing at all. The emotional turmoil in these cases can be significant. Under BC’s Wills, Estates, and Succession Act (WESA), spouses and children have legal rights and options to address these concerns.
Another frequent reason behind Will disputes is questioning the mental capacity of the person making the Will. Was your loved one fully capable of understanding their actions and the implications of their decisions at the time they signed the Will? Maybe they were battling a progressive illness such as dementia or Alzheimer’s, or facing challenges that impaired their ability to make informed decisions. In these instances, family members often find themselves wondering: “Was this really what they wanted, or was their judgment compromised?”
Sadly, it’s not uncommon for vulnerable seniors or those facing illness to become targets of manipulation or undue influence by relatives, caregivers, or even friends. In cases of undue influence, the question becomes whether the decisions made in the Will truly reflect the wishes of the deceased, or if someone took advantage of their vulnerable position to serve their own interests. In Vancouver, the courts take such allegations seriously, often thoroughly investigating the circumstances surrounding the creation of the Will.
Ambiguity in a Will is another issue that frequently leads to litigation. Imagine this scenario: the wording of a loved one’s Will is unclear, leaving family members with different interpretations of how assets should be divided. Without clear instructions, families are often left to argue among themselves, creating painful rifts and expensive legal battles. Clarifying the true intent of ambiguous instructions often requires court intervention.
Take, for instance, the case of two siblings in Vancouver whose parent passed away, leaving behind a large estate and an unclear Will. The document stated vaguely that assets should be split “fairly.” But what exactly did “fair” mean? The ambiguity quickly escalated into an emotionally charged courtroom battle. With professional mediation and legal representation, the family ultimately resolved their differences amicably proving that clarity and expert assistance are vital in resolving disputes before they tear families apart.
If you see your own situation reflected here, know that you’re not alone. Estate disputes happen frequently in Vancouver but having experienced guidance from Tim Louis & Company can make all the difference. With decades of expertise in navigating estate disputes, we ensure your voice is heard and your rights are fully protected.
Let’s explore your next steps in contesting a Will in British Columbia and how we can guide you every step of the way.
When it comes to contesting a Will in British Columbia, one of the most important things you need to know is that time isn’t on your side. There’s a strict legal timeframe for starting a Wills Variation claim and knowing this limitation period can make the difference between protecting your rights and losing your opportunity forever.
Under the Wills, Estates and Succession Act (WESA), you have precisely 180 days—about six months—from the date probate is officially granted to file your Wills Variation claim. Probate, for clarity, is the legal process where the court officially validates a Will and authorizes the executor to distribute the assets. The 180-day clock begins ticking immediately after this occurs.
Why such a tight timeline? British Columbia’s courts impose this strict deadline to balance fairness between claimants and the beneficiaries who expect the estate to be settled promptly. While it might seem daunting, especially when grieving the loss of a loved one, the intention is to prevent prolonged uncertainty or disruption to the estate administration.
Given the urgency, acting quickly is crucial. Delaying your decision or waiting too long before seeking professional advice can severely limit your options. Imagine this scenario: You have a strong case for contesting a Will—maybe due to undue influence, unfair distribution, or ambiguous wording—but because you hesitated, you’re left without any legal recourse. It’s heartbreaking, yet it happens far too often in Vancouver.
If you miss this critical 180-day window, the consequences can be serious and irreversible. Typically, the courts are extremely reluctant to allow claims filed after the limitation period expires, leaving you unable to contest the Will regardless of how justified your claim might have been.
That’s why, if you’re feeling unsure about a Will or believe you’ve been unfairly treated, it’s vital to speak with a qualified estate litigation lawyer as soon as possible. Tim Louis & Company understands how emotionally challenging this process can be, and we are here to guide you every step of the way. With our decades of experience in Vancouver’s estate disputes, we can promptly evaluate your claim, explain your rights clearly, and ensure your opportunity for a fair resolution isn’t missed.
Don’t wait until it’s too late—contact us today and take the first step toward resolving your estate concerns.
When considering whether to contest a Will in Vancouver, it can feel overwhelming to know where to start. Understanding the legal steps clearly can relieve some of that stress and empower you to move forward confidently. Here’s a practical step-by-step guide to help simplify the process:
Step 1: Seeking Initial Legal Consultation
Your first and most important step is to sit down with an experienced estate litigation lawyer. During your initial consultation, your lawyer will listen closely to your situation, clearly explain your legal rights under British Columbia’s Wills, Estates, and Succession Act (WESA), and provide personalized guidance on how to move forward. Tim Louis & Company, for instance, takes the time to understand your unique circumstances, answering your questions compassionately and thoroughly.
Step 2: Gathering Essential Documents and Evidence
Once you decide to proceed, you’ll need to gather documents that support your claim. Essential materials typically include the original Will, financial records, medical documentation (if you’re questioning mental capacity), communications that might indicate undue influence, and any relevant evidence of your relationship with the deceased. A skilled lawyer streamlines this crucial step by guiding you clearly on what’s needed, ensuring nothing important is overlooked.
Step 3: Filing a Notice of Claim in BC Supreme Court
After collecting the necessary documentation, your lawyer prepares and files a formal notice of claim with the BC Supreme Court. This claim outlines your reasons for contesting the Will and initiates the formal legal process. Having professional representation like Tim Louis at this step ensures accuracy and clarity, improving your chances of success from the outset.
Step 4: Engaging in Pre-Trial Discovery and Mediation
Before your case proceeds to trial, there’s a vital step known as “discovery,” where both sides exchange information, examine evidence, and clarify issues. In British Columbia, mediation is strongly encouraged during this phase, offering a private, less costly, and potentially less emotionally draining alternative to trial. With Tim Louis & Company’s guidance, mediation often results in fair and mutually agreeable settlements, avoiding prolonged courtroom battles.
Step 5: Preparing for a Potential Court Hearing
If mediation doesn’t result in an agreement, the next step involves preparing thoroughly for trial. This preparation includes developing your case strategy, organizing evidence, preparing witnesses, and clearly articulating your position to the court. With expert legal support, you’re positioned confidently, fully prepared to present the strongest possible case.
Navigating each step of contesting a Will doesn’t have to feel complicated or intimidating. With the right guidance and a clearly defined plan, you can face this challenging situation empowered, informed, and supported.
When reviewing a Wills Variation claim, the BC Supreme Court carefully weighs multiple factors to decide whether the provisions of the Will are fair and just. Here are the key elements judges typically consider:
Financial Need of the Claimant
The financial circumstances of the person contesting the Will are a critical consideration. If you’re in financial difficulty or your needs weren’t adequately addressed by the deceased, the court often views this as a strong reason for adjusting the Will. Demonstrating genuine financial need can significantly influence the court’s final decision.
Relationship Between the Deceased and Claimant
The nature and quality of your relationship with the deceased matter significantly. The court will look closely at your relationship history—considering factors like closeness, estrangement, or reconciliation attempts—and evaluate if the Will’s provisions fairly reflect your role in the deceased’s life.
Contributions Made by the Claimant to the Estate or Deceased
Courts will also carefully assess contributions you’ve made to the deceased’s well-being, care, or to the building of their estate. Perhaps you helped care for your loved one during their final years or assisted significantly in maintaining the family home or business. These contributions matter deeply, and the court often sees them as compelling reasons to vary the Will.
Reasons Provided by the Will-Maker for Disinheritance or Distribution
The court carefully examines the reasons given (if any) by the deceased for their distribution choices. If the Will provides specific reasons for your disinheritance or lesser inheritance, the court evaluates their fairness and validity carefully. However, if no valid reasons are offered, or the reasons appear unfair, vague, or inconsistent, the court may be more inclined to rule in your favour.
Estate litigation isn’t straightforward; courts weigh many subtle factors. That’s why expert representation matters. At Tim Louis & Company, we have decades of experience successfully presenting clients’ unique situations to the court, ensuring your claim receives the thoughtful attention and powerful advocacy it deserves.
If you’re unsure about your options or need clarity regarding your specific situation, don’t hesitate to contact us. We’re here to help protect your rights, secure fair treatment, and provide you peace of mind during challenging times.
Estate litigation can feel emotionally charged, legally complex, and incredibly daunting. It’s understandable why some people might consider tackling their Wills Variation claims or defences without a lawyer, believing it might save time or money. But going into litigation unrepresented can introduce significant risks, potentially resulting in costly mistakes, lost opportunities, or disappointing outcomes.
When you represent yourself, you’re navigating an intricate maze of court procedures, documentation requirements, and strict legal deadlines entirely on your own. Estate disputes aren’t simply about presenting your side of the story—they require careful strategic planning, a nuanced understanding of British Columbia’s estate laws, and persuasive legal arguments tailored specifically for BC Supreme Court judges. Even a seemingly minor procedural misstep could jeopardize your entire claim.
This is precisely where specialized legal expertise makes all the difference. An experienced Vancouver estate litigation lawyer, like Tim Louis, knows exactly how to present your case compellingly, leveraging years of knowledge and insights from previous successful cases. They’ll skillfully navigate complicated court procedures, help you clearly document your claim or defence, and articulate your position persuasively before the court. With professional support, your likelihood of achieving a fair and favourable outcome dramatically increases.
At Tim Louis & Company, our extensive experience with estate litigation, specifically Wills Variation claims, sets us apart. With decades of dedicated practice right here in Vancouver, we understand the emotional intricacies and legal complexities that our clients face. Our approach is compassionate, practical, and results-driven, ensuring you feel supported throughout the process, no matter how challenging your case might be.
Choosing Tim Louis & Company means choosing not just a legal advocate, but a partner committed to your peace of mind and the successful resolution of your estate matter.
Estate disputes and Wills Variation claims can quickly become overwhelming, affecting your emotional well-being, financial security, and relationships within your family. But as you’ve learned through this guide, understanding your rights, responsibilities, and the timelines involved is the first step towards achieving clarity and a fair resolution.
To recap, acting quickly and seeking professional legal guidance are critical. Whether you’re challenging a Will due to unfair treatment or defending against a claim to honour your loved one’s wishes, your best asset is an experienced estate litigation lawyer by your side.
Don’t let estate disputes rob you of your peace of mind or rightful inheritance. Contact Tim Louis & Company today at (604) 732-7678 for a free confidential consultation. We’re here to help you achieve the justice and clarity you deserve.
Below you’ll find clear, concise answers designed specifically to address common questions on Wills Variation and estate litigation in Vancouver.
Under British Columbia’s Wills, Estates, and Succession Act (WESA), Wills Variation allows spouses and children who feel unfairly treated or inadequately provided for in a Will to ask the court to adjust the distribution of the estate, ensuring it meets legal standards of fairness.
In BC, spouses (including common-law partners) and biological or adopted children have the right to contest a Will if they believe they’ve been unfairly or inadequately provided for.
You have exactly 180 days (approximately 6 months) from the date probate is granted in British Columbia to file a Wills Variation claim. Acting promptly is critical to avoid losing your right to contest.
Common reasons include unfair distribution or disinheritance, lack of mental capacity of the Will-maker, undue influence or manipulation, and ambiguous or unclear instructions within the Will.
Generally, stepchildren do not have an automatic right to contest a Will under WESA. However, exceptions may apply in certain situations, such as if they were legally adopted or explicitly provided for in previous Wills or agreements. Consulting a lawyer is essential to clarify your position.
Costs for estate litigation vary depending on case complexity, length, and whether mediation or a court hearing is required. Typically, costs include legal fees, court fees, expert witness fees, and possible mediation expenses. Many cases settle before trial, reducing overall expenses significantly.
Mediation is a confidential, voluntary process where a neutral third-party mediator helps disputing parties negotiate a mutually acceptable resolution. It often leads to faster, less costly, and less emotionally charged solutions than court litigation.
Defending a claim involves demonstrating that the original Will was fair and reflected the clear intentions of the Will-maker. Providing evidence of sound mental capacity, absence of undue influence, and documented reasons behind the Will’s provisions greatly strengthens your defence.
While you’re legally permitted to represent yourself, having an experienced lawyer significantly improves your chances of a successful outcome. Estate litigation can be complex and emotionally challenging—professional legal guidance ensures your rights are fully protected.
If successful, the court will adjust the estate’s distribution to provide fairer provisions for the claimant. This might involve reallocating certain assets or modifying the original terms of the Will to better reflect the claimant’s legitimate needs and relationship with the deceased.
If you have additional questions or need personalized guidance on your specific situation, please reach out directly to Tim Louis & Company at (604) 732-7678. We’re here to help you protect your inheritance and achieve peace of mind.
Explore these trusted resources for further guidance on understanding and navigating estate disputes, inheritance issues, and legal processes within British Columbia. Each resource is credible, accurate, and provides valuable supplementary insights.
These resources will provide valuable, accurate, and verified insights to further inform your understanding of Wills Variation, estate litigation, and your legal rights in British Columbia. For personalized legal guidance, we encourage you to contact Tim Louis & Company directly at (604) 732-7678 or visit www.timlouislaw.com.
Contest a Will – Wills Variation and Estate Litigation in Vancouver, BC by Tim Louis Introduction Imagine this scenario: A loved one passes away, and amid the heartache and loss, the family gathers to hear the details of the Will. But as the lawyer reads the document, something doesn’t feel
Employer Obligations in Vancouver: What You Need to Know About Workplace Accommodations by Tim Louis Imagine this: An employee who has worked hard for years suddenly faces a chronic illness or an injury that limits their ability to perform their usual duties. They want to continue working, and they can—with
By Tim Louis
When it comes to planning your estate in British Columbia, understanding the details of Wills variation and disinheritance is critical. In BC, the legal landscape is shaped by the Wills, Estates and Succession Act (WESA)—a law that not only governs how estates are distributed but also provides a pathway for spouses and children to challenge a Will if they feel they have been treated unfairly.
Whether you’re a spouse, an adult child who believes you’ve been disinherited, or an estate planner advising families, knowing your rights under these laws is essential for ensuring justice and fairness.
This guide is designed specifically for you—individuals and families who need expert, Vancouver-based legal insight.
Here, we’ll explain:
Let’s start by clarifying two important terms:
As a Vancouver Wills variation lawyer, Tim Louis has seen firsthand how clear guidance on these issues can empower families to seek the justice they deserve.
If you’re facing a potential dispute over a will or simply need to know more about your options, contact Tim Louis today for a free consultation. Let’s work together to ensure your rights are upheld and that your estate is managed with the care and fairness it deserves.
Navigating the complexities of estate planning can be stressful, especially when it comes to ensuring that a loved one’s will meets both legal and moral expectations.
At the heart of estate litigation in BC is the Wills, Estates and Succession Act (WESA). This provincial statute governs how estates are administered and distributed. One of the most significant features of WESA is Section 60, which empowers the courts to adjust a Will if it does not provide “adequate, just and equitable” support for a spouse or children. In practical terms, if a Will-maker’s distribution leaves a surviving family member feeling neglected or unfairly treated, a Vancouver Wills variation lawyer, like Tim Louis, can help that person seek a court order to modify the Will accordingly.
This section of WESA is designed to strike a balance between a testator’s freedom to distribute their estate as they see fit and the legal responsibility to provide for those who have a reasonable expectation of support. Whether you’re dealing with a complex family dispute or need advice on how to structure your estate, understanding Section 60 is crucial for both beneficiaries and estate planners in BC.
When we talk about being disinherited, we’re referring to the situation in estate planning where a family member—often someone who might have reasonably expected to receive a share of an estate—is left out of a will or given only a minimal benefit. This issue is not only a legal matter but also one that can have deep personal and emotional ramifications.
Disinheritance occurs when a Will-maker intentionally excludes a family member from the distribution of their estate. Here are a few common scenarios that illustrate this concept:
For those who find themselves disinherited, the impact is both legal and emotional:
If you’re wondering whether you have the right to challenge a Will, it’s important to understand who is eligible under British Columbia law. In Vancouver and throughout BC, the legal framework is designed to protect those who have a reasonable expectation of support, even if a loved one’s Will appears to fall short.
Under BC’s Wills, Estates and Succession Act (WESA), only certain family members have standing to challenge a will. In general, the following individuals are eligible:
It’s worth noting that not everyone in the extended family is covered under WESA. For example, stepchildren who have not been legally adopted typically do not have the same standing. This is why, if you believe you’ve been disinherited in BC or have received an inequitable share, it’s important to consult a qualified Vancouver Wills variation lawyer like Tim Louis, who can assess your unique situation.
If you’ve been disinherited or believe that a will does not provide you with adequate support, you’re not alone. In British Columbia, there is a clear legal process for challenging a will under the Wills, Estates and Succession Act (WESA).
Before you take any formal action, it’s important to understand your situation and gather the right information. Here’s how to start:
Once you have gathered your information and consulted with a lawyer, the next step is to formally initiate your claim. The process can seem overwhelming, but breaking it down makes it manageable:
Having the right documents is essential to build a strong case. Here’s a checklist of the key documents you should gather:
Taking these steps can empower you to challenge a Will in a fair and systematic way. If you suspect that you’ve been left out of an estate in a manner that doesn’t meet the legal standard of “adequate, just and equitable,” it’s important to act promptly.
Contact Tim Louis today for a free consultation. As an experienced Vancouver lawyer, Tim Louis & Company Law is committed to guiding you through BC estate litigation with empathy and expert knowledge. Let us help you secure the outcome you deserve.
When disputes arise over a Will, questions of fairness and family responsibility become more than just theoretical—they affect real lives. In British Columbia, courts have long grappled with the challenge of balancing a testator’s wishes with the reasonable expectations of spouses and children.
Tataryn v. Tataryn Estate, [1994] 2 SCR 807
This landmark decision by the Supreme Court of Canada remains the cornerstone for understanding what constitutes an “adequate, just and equitable” provision under the Wills, Estates and Succession Act (WESA). In Tataryn, the Court established an objective standard, requiring that the reasons behind a Will-maker’s decisions meet society’s expectations of what a judicious person would do. Read the full case
Tom v. Tang, 2023 BCCA 221
A more recent decision from the BC Court of Appeal, Tom v. Tang clarifies how courts assess claims of unequal treatment among adult children. In this case, the court examined whether the will-maker’s reasons for favouring one group of children over others met the objective standard set out in Tataryn. This decision is particularly relevant for those who feel disinherited in BC, as it provides valuable guidance on how discrepancies in asset distribution are viewed under current legal standards.
Read the full case on CanLII
These landmark cases reveal a few key lessons for both potential claimants and will-makers:
If you’re facing a situation where you believe you have been treated unfairly under a Will, or if you need guidance on how to structure your estate to prevent future disputes, contact Tim Louis today for a free consultation. As an experienced Vancouver lawyer, Tim Louis & Company Law is dedicated to helping individuals and families navigate BC estate litigation with clarity, empathy, and expert guidance.
Planning your estate is one of the most important steps you can take to protect your family’s future and doing it right can help you avoid disputes later.
A well-crafted will is your best defence against future family disputes. Here are some key tips for testators to consider:
While a traditional will is essential, there are several alternative tools that can further strengthen your estate plan:
By taking these practical steps—clearly documenting your intentions, communicating openly with your family, and using alternative estate planning tools—you can greatly reduce the risk of future disputes. These measures not only protect your wishes but also provide peace of mind for those you leave behind.
If you have any questions about estate planning or believe you need help updating your will to prevent future disputes, contact Tim Louis today for a free consultation. As an experienced Vancouver wills variation lawyer, Tim Louis & Company Law is dedicated to providing you with trusted British Columbia legal services that protect your family’s future and help you avoid the pitfalls of estate litigation in Vancouver.
Below are ten common questions we receive about challenging a Will and seeking a variation claim in British Columbia.
Eligibility to contest a Will in BC is generally limited to those who have a direct, recognised relationship with the deceased. Typically, this includes:
If you fall into one of these categories and believe your rights have not been upheld, a Vancouver wills variation lawyer can help assess your situation.
To build a strong case, you’ll need compelling evidence. Essential documents may include:
A well-organised file of these documents is crucial for BC estate litigation.
Timing is critical in estate disputes. In BC:
A Wills variation claim is a legal remedy that allows an eligible family member to challenge a Will if it fails to provide “adequate, just and equitable” support. This process enables the courts to adjust the distribution of an estate to better meet the needs of the surviving spouse or children. In BC, this means you may be able to secure a fairer share if you were left out or given only a token amount.
In the context of BC estate litigation:
Yes. If you are a spouse or a child who has been completely left out of a Will, you may have grounds to challenge it—provided you can demonstrate that you have a reasonable expectation of support. BC law protects those who have contributed to or maintained a close relationship with the testator, even if the exclusion seems intentional.
A qualified Vancouver wills variation lawyer will:
If your claim is successful, the court may:
The duration of a Wills variation claim in BC can vary widely based on the complexity of the case and the court’s schedule. In many instances:
Challenging a will involves various costs, which may include:
Have more questions or need personalised advice? Contact Tim Louis today for a free consultation. As an experienced Vancouver lawyer, Tim Louis & Company Law is here to provide clear, compassionate guidance through BC estate litigation and help you secure the justice you deserve.
In wrapping up our discussion on Wills variation and disinheritance in British Columbia, it’s important to remember the key takeaways. Whether you’re a spouse, an adult child who feels disinherited, or an estate planner guiding a family through complex decisions, understanding your legal rights is essential in BC estate litigation.
If you’re facing uncertainty about whether you have been treated fairly under a Will or if you’re planning your estate and want to avoid future disputes, it’s time to take action.
Contact Tim Louis today for a free consultation.
Whether you need assistance challenging a will, updating your estate plan, or simply want to discuss your options, Tim Louis & Company Law is dedicated to serving the legal needs of Vancouver and the greater British Columbia community. Visit our contact page to schedule your consultation and take the first step towards ensuring your family’s future is secure.
Your peace of mind is worth the effort. Let’s work together to make sure your estate reflects your true intentions and meets the standard of fairness you deserve.
These resources offer valuable insights into BC estate litigation and wills variation. For personalised advice on your estate planning or if you believe you have grounds to challenge a Will, contact Tim Louis today for a free consultation.
Contest a Will – Wills Variation and Estate Litigation in Vancouver, BC by Tim Louis Introduction Imagine this scenario: A loved one passes away, and amid the heartache and loss, the family gathers to hear the details of the Will. But as the lawyer reads the document, something doesn’t feel
Employer Obligations in Vancouver: What You Need to Know About Workplace Accommodations by Tim Louis Imagine this: An employee who has worked hard for years suddenly faces a chronic illness or an injury that limits their ability to perform their usual duties. They want to continue working, and they can—with
Have you been disinherited? It may be time to consider a Wills variation. Navigating the Wills, Estates and Succession Act in British Columbia can be complex, especially when it comes to dealing with the disinheritance or unequal treatment of beneficiaries. At Tim Louis & Company, we specialize in unpacking these complexities for our clients.
Under the Wills, Estates and Succession Act in British Columbia, certain individuals are given the opportunity to contest a will if they feel they’ve been unjustly excluded. This specific provision is under Section 60 of the Wills, Estates and Succession Act (WESA). The court may decide to vary a will if it does not provide sufficient provision for the proper maintenance and support of the will-maker’s spouse or children.
If the will fails to consider the needs of the will-maker’s spouse or children, these individuals can bring a claim to the court. The court can then order that just, fair, and adequate provision be made for them from the deceased’s estate. It’s important to remember, however, that only the surviving spouse and children of the will-maker can apply for a variation of a will under this act. The act does not extend these rights to other family members, such as siblings or parents, to contest a will.
The court’s decision to vary a will may result in a new distribution of assets to provide for the spouse or children in a way that it deems fair, just, and equitable. The court will consider various factors when making this decision, including the size of the estate, the needs of the spouse or children, and the will-maker’s testamentary intentions.
WESA’s Section 60 refers to the “adequate, just and equitable” provision – but what exactly does this mean? The Supreme Court of Canada’s ruling in Tataryn v. Tataryn Estate serves as the leading case and the governing authority on BC wills variation. The Court must ask itself whether the will makes adequate provision for the claimant and if not, order what is adequate, just, and equitable, in the circumstances.
The court may take into account the will-maker’s reasons for disinheritance or for unequal division among beneficiaries when determining what is “adequate, just and equitable”. Evidence regarding the will-maker’s reasons for specific gifts in the will, or for making less than adequate provision for the Wills variation claimant, may be presented under Section 62 of WESA. In some cases, the will-maker’s express or inferred reasons may negate any moral obligation owed by the will-maker. The BC Courts’ approach to this starts with the consideration of the Court of Appeal decision in Bell v. Roy Estate.
In the case of Bell, the will-maker left a will that unequally distributed her estate among her children. The Court of Appeal held that if the court finds the will-maker’s reasons for a disinheritance to be valid and rational, the will-maker’s moral duty towards that child is negated. The will-maker’s reasons for disinheriting a child need not be “justifiable”, but rather, the law only requires that the reasons are valid, meaning based on fact, and rational, signifying that there is a logical connection between them and the act of disinheritance.
A complex issue arises when comparing the doctrine of valid and rational reasons (as used in Bell and Kelly) with the principles established in Tataryn. Tataryn emphasizes that a will-maker’s moral duty must be assessed objectively from the standpoint of what a reasonable parent would do in the circumstances, based on contemporary community standards.
If the decisions of Bell and Kelly mean that the test is whether a will-maker has valid (i.e., factually true) and rational (i.e., logically connected to the disinheritance) reasons for disinheriting a child, even where the reasons are not worthy of a judicious parent based on contemporary standards, they are difficult to reconcile with the fundamental principles of Tataryn and the search for contemporary justice in the circumstances.
The Wills, Estates and Succession Act in British Columbia is a critical legal instrument that ensures fairness for spouses and adult independent children who may have been unfairly left out of a will.
If a loved one’s Will doesn’t seem to reflect a fair distribution, whether it’s due to a history of family or elder abuse, or perhaps cultural norms that favor male heirs, the BC Wills, Estates and Succession Act can be a beacon of hope. It provides a pathway for justice and equity to prevail, allowing surviving family members the opportunity to contest the terms of the will.
In essence, this law is here to ensure that every spouse and adult child’s right to a fair share is upheld, regardless of the circumstances surrounding their disinheritance. It’s a helping hand in challenging times, providing a way to seek justice and fairness in the distribution of a loved one’s estate.
Understanding the Wills, Estates and Succession Act and the grounds for contesting a Will is essential for anyone planning their estate or who may be a potential beneficiary of a Will. If you’re in need of advice on how to navigate this complex process, whether it’s contesting a will or planning your estate, Tim Louis & Company is here to help.
We ensure that your interests are well represented and that you are adequately provided for in the future. Don’t hesitate to reach out to Tim Louis at (604) 732-7678 for a no-fee telephone consultation. We will answer all your questions, no matter how complex.
In British Columbia, a Wills Variation is a legal process that allows certain close family members of the deceased to challenge or "vary" the distribution of an estate if they feel that the will does not adequately provide for them. This is outlined in BC's Wills, Estates and Succession Act.
The ability to apply for a Wills Variation in BC is limited to the deceased's spouse and children (including both biological and adopted children). If you are a common-law spouse, you're also eligible to apply if you were living with the deceased in a marriage-like relationship for at least two years prior to their death.
Time is important in these matters! In British Columbia, you have 180 days from the date the Grant of Probate is issued to file a Wills Variation claim. It's crucial not to miss this deadline, or you might lose your right to vary the will. It's always a good idea to seek legal advice as soon as possible if you're considering this.
The court considers whether the deceased has met their "moral duty" to provide for their spouse and children in the will. If the court finds that the will does not adequately provide for the proper maintenance and support of these individuals, it can order a "variation" or change in the will to ensure fair distribution.
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If you have not been adequately provided for in your parent’s or spouse’s will, it may be possible to get a court to vary the Will. In British Columbia, the Wills, Estates and Succession Act (WESA) governs Wills. Even if a Will is valid under the WESA Act, a court will vary the Will if adequate provision has not been made for the Will Maker’s spouse and children.
Wills variation is an opportunity for a surviving spouse or child, including an adult child, of a deceased Will Maker to apply to court for a court order to vary the Will. Some provinces and territories limit claims to children under a certain age; however, in British Columbia, children (natural and adopted), including adult children, can apply to a court to have the deceased Will Maker’s Will varied. Spouses including married spouses,common-law spouses, and spouses of the same gender may also apply to court to have the deceased Will Maker’s Will varied. Under WESA, married couples are no longer considered to be spouses if they have lived apart for at least two years and have both intended to do so as a permanent arrangement. Common-law spouses are no longer considered to be spouses when one or both end the relationship.
In deciding whether to vary a Will, the courts will consider the size of the estate, the relationship claimants had with the deceased, and the financial means of the claimants. The courts will also establish whether they received any gifts outside of the Will (i.e., life insurance policy) or any gifts within the deceased’s lifetime.
A Wills Variation lawyer will require the following information:
Key factors may include:
Several factors play a role in this decision. A wills variation lawyer will work closely with you to determine if there are grounds to pursue a change in the will. Your lawyer must file the Notice of Civil Claim in a BC Supreme Court registry within 180 days of the date of issuance of an estate grant, grant of administration, or resealing grant.
It is essential to understand how long you have to challenge a Will, as there are strict time limitations when submitting a will variation claim. If you miss the deadline, you will lose the opportunity to ask the court to change the way a Will divides an estate.
The time limitation for taking legal action is 180 days (approximately 6 months) from when the grant of probate was awarded. Probate is the process by which the Will is proved valid and legitimately that of the deceased. If a claim is received after the limitation date, the claim is considered statute-barred. Meaning that legal action will no longer be allowed because the time limit has exceeded the timeline.
In most cases, no. Time limitations are strictly enforced by the courts — meaning that you must be aware of the time limitation for the type of claim you want to bring forward and ensure that you file the case within the time limitations. We strongly advise working with a lawyer to ensure you do not miss these crucial deadlines.
Applying to vary a Will is a complex legal procedure. If your deceased parent or spouse has not made adequate provision for you in their Will, we highly suggest you obtain legal advice from an experienced Wills variation lawyer in your province as early as possible. Tim Louis Law is here to help. Contact Tim Louis and his compassionate, trusted team of experts at 604-732-7678 or email timlouis@timlouislaw.com for a free, confidential case evaluation.
https://www.bclaws.gov.bc.ca/civix/document/id/rs/rs/96490_01
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_09013_01
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