How Long Do I Have to Start a Wills Variation Claim in British Columbia?
This answer covers the law of British Columbia.
You generally have 180 days from the date the representation grant is issued in British Columbia to start a wills variation proceeding, and if you miss that, the court must not hear it. The clock runs from the grant, not from the date of death.
A wills variation claim is available where a will does not, in the court's opinion, make adequate provision for the proper maintenance and support of the will-maker's spouse or children. A copy of the initiating pleading must also be served on the executor, generally within 30 days after the 180-day period expires, or the proceeding must not be heard. If there are minor children, or a spouse or child is mentally incapable, it must also be served on the Public Guardian and Trustee.
A pending claim can also delay distribution of the estate. Because the deadlines are strict and the rules on service and any possible extension are worth confirming, speak with a lawyer as soon as a grant is issued, and gather the will, the grant and details of your relationship to the will-maker.
Key takeaways
- A wills variation proceeding must be commenced within 180 days from the date the representation grant is issued in British Columbia, or the court must not hear it.
- A copy of the initiating pleading must be served on the executor, generally within 30 days after the 180-day period expires.
- If there are minor children, or a spouse or child is mentally incapable, the pleading must also be served on the Public Guardian and Trustee.
- The claim is about whether a will makes adequate provision for the proper maintenance and support of the will-maker's spouse or children.