Wills Variation and Probate Services

Wills Variation and Probate

Wills Variation and Probate Legal Services by Vancouver Lawyer Tim Louis

Tim Louis offers estate services such as Wills Variation and Probate. While every case is different and dependant on facts, if you feel that there is a need for a Will Variation, contact Tim Louis today for a free consultation.

 

Frequently Asked Questions

1. What is wills variation?

If your parent or spouse dies without having made adequate provisions for you in their Will, then you may ask a judge to vary the Will.

What is adequate provision?
Every case is different and dependent on the facts. You have a strong case if your parent leaves her/his estate unequally among her/his children (including adult children) unless the child who is left a larger share has unique needs such as a disability.

If there is an unequal share, a lawyer will work to get the judge to vary the will to make it equal. And if the parent did leave her/his estate equally divided amongst her/his children (including adult children), if one of the children has special needs such as disability, that person will normally be successful in getting the judge to vary the will, such that the estate is not divided equally, but instead a larger share I left to the child with special needs.

2. The Wills, Estates and Succession Act (WESA)

The Wills Variations Act has been rolled into WESA.

Read more about WESA

3. Who can contest a will in British Columbia?

Under WESA, you can contest a Will if you are a child, including an adult child, and your parent has not made adequate provision for you in their Will or if your spouse has not made adequate provision for you in their Will.

If the Will maker was not of sound mind or was under undue influence when they made the Will, then the Will can be challenged and not just by a child or spouse of the Will maker. If you were named as a beneficiary in a Will and the deceased signed a new Will that excluded you, you may wish to challenge the new Will.

You will need to show that the Will maker was not of sound mind or were under undue influence when they made the new Will. This is not a variance of the new Will, but a case where you would hire a lawyer to ask the judge to nullify or void the new Will so that the old Will becomes the last Will.

4. What assets are subject to probate in BC?

Any asset that was held by a third party that requires probate. For instance, it is up to the financial institution that held the deceased’s bank accounts to decide whether or not they require probate. However, for property, there is a requirement of probate. At the land title office, any property – unless the deceased was on title at the land titles office with someone else as Joint Tenants.

When one Joint Tenant dies, the surviving Joint Tenant automatically becomes the owner of the deceased owner’s interest without probate. If the property was held not in Joint Tenancy, but Tenants in Common, than the interest owned by the deceased must be probated.

5. When can BC courts deny a wills variation claim?

BC Courts can deny a Wills Variation Claim if adequate provision has been made for the party asking for provision by the deceased

 

Our Legal Services include:

These are just some of the areas Tim Louis & Company concentrates on. Our highly-experienced law team has access to some of the best experts in British Columbia when it comes to injury, long-term disability issues, wrongful dismissal, car accidents and more. Best of all, we have the know-how to take the fight to your opponent once you’ve stepped into the ring, so you can come out a winner.

Give Tim Louis a call for a free consultation at 604-732-7678.