British Columbia is one of the few jurisdictions in Canada where a spouse or child can ask the court to vary a will that fails to make adequate provision for them. The Wills, Estates and Succession Act (WESA) gives the court power to override the deceased’s wishes where the will is not just, fair, and adequate for close family.
If you have been disinherited or believe the will treats you unfairly, you may have a valid claim — but strict deadlines and procedural rules apply.
Who can bring a wills variation claim?
Under section 60 of WESA, only a spouse or child of the deceased can apply. “Spouse” includes married and common-law partners (living together for at least two years). “Child” includes biological and adopted adult children, but not stepchildren or grandchildren.
Time limits
You have 180 days from the date probate is granted to file your claim, and the claim must be served on the executor within 30 days after that. Missing these deadlines almost always ends the case.
What the court considers
Courts weigh both legal and moral obligations: the size of the estate, the financial needs of the claimant, the deceased’s reasons for the distribution, contributions to the estate, and the standard the deceased could reasonably have been expected to provide.
Common outcomes
Most wills variation claims settle before trial through mediation. When they don’t, the court can rewrite the distribution — increasing a claimant’s share, reducing another beneficiary’s share, or restructuring how assets pass.
Frequently asked questions
Can stepchildren bring a wills variation claim?
No. WESA limits claims to biological and legally adopted children. Stepchildren are not eligible unless they were formally adopted.
How long does a wills variation claim take?
Most cases resolve in 12–24 months. Cases that settle through mediation can finish in under a year; contested trials may take longer.
What does a wills variation claim cost?
Costs vary based on complexity and whether the case settles. Many lawyers offer fixed-fee initial assessments, and some take wills variation cases on a contingency basis where appropriate.
Can a will be challenged for any other reason?
Yes. Separate from wills variation, a will can be challenged on grounds such as lack of testamentary capacity, undue influence, or improper execution.
This article is general information, not legal advice. Every estate is different — speak with a lawyer about your specific situation.
Lotusland Law 