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№ 22 Wills & Estates

What Is Adequate, Just and Equitable Provision in British Columbia?

Learn how British Columbia courts apply the adequate, just and equitable standard in WESA section 60 when a will leaves out a spouse or child.

Wills & Estates4 min readTSLBy the Treadstone Law Team · British ColumbiaUpdated November 1, 2026
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Key takeaways
  • Section 60 of WESA lets the court order the provision it thinks adequate, just and equitable if a will does not adequately provide for a spouse or child.
  • The Supreme Court of Canada measures that standard by legal obligations and moral obligations.
  • Only a spouse or child can bring this kind of claim.

If a will does not make adequate provision for the proper maintenance and support of a spouse or child, British Columbia law gives the court a way to step in. The test it uses is expressed in three words: adequate, just and equitable.

Those words are not defined by a formula. This article explains where the standard comes from, how the Supreme Court of Canada has described it, and what else a court can consider.

This article covers the law of British Columbia.

Where the standard comes from

Under section 60 of the Wills, Estates and Succession Act (WESA), if a will-maker dies leaving a will that, in the court's opinion, does not make adequate provision for the proper maintenance and support of the will-maker's spouse or children, the court may order that the provision it thinks adequate, just and equitable in the circumstances be made out of the estate.

Only the will-maker's spouse or children can bring this claim. The section names no other relatives, beneficiaries or interested persons. Whether a stepchild or grandchild can claim is a question that depends on how courts have read the section, so a lawyer should confirm it.

The remedy is written around a will, and on its face it is not a remedy against an intestacy.

The two norms: legal and moral obligations

In Tataryn v. Tataryn Estate, the Supreme Court of Canada held that the adequate, just and equitable standard is measured by two norms.

NormWhat it asks
Legal obligationsWhat the law would have required of the will-maker during life
Moral obligationsSociety's reasonable expectations of what a judicious person would do, judged by contemporary community standards

The same decision speaks to priorities. Where the estate permits, all claims should be met. Where priorities must be set, claims based on legal obligations generally take precedence over purely moral claims, and some moral claims may be stronger than others.

In plain terms, the question is not simply whether the will was fair in your view, or whether the will-maker was free to leave property as they pleased. The court asks what a judicious person would have done, taking into account what the law required and what the community would reasonably expect.

Who counts as a spouse

Two people are spouses under WESA if they were married to each other, or had lived with each other in a marriage-like relationship for at least 2 years. Status is generally judged as of the date of death.

Exceptions apply. A former common-law partner whose relationship ended before the death is not a spouse who can claim. Married persons stop being spouses when an event occurs that gives rise to an interest in family property under the Family Law Act, such as separation. A reconciliation of at least 90 days in total, within one year, can prevent the parties being treated as separated.

For adopted children, the parent and child relationship created by adoption is determined under the Adoption Act, and an adopted child is not entitled to the estate of a pre-adoption parent except through that parent's will.

Evidence, conduct and remedies

The court may accept the evidence it considers proper about the will-maker's reasons for making or not making a gift. When weighing a statement of those reasons, it must consider all the circumstances from which an inference can reasonably be drawn about whether the statement is accurate.

The court may refuse an order to a person whose character or conduct, in its opinion, disentitles them to relief, and may attach any conditions it considers appropriate.

If the court varies a will, the provision may take the form of a lump sum, periodic or other payments, a transfer of property, or the creation of a trust. Unless the court decides otherwise, the payments are borne rateably by the estate. The court can also suspend administration of the estate, in whole or in part, and exempt part of the estate from the order.

What to do next

Frequently asked questions

Does adequate provision mean an equal share?

No. The test is whether the provision is adequate, just and equitable in the circumstances. The Supreme Court of Canada has said that standard is measured by two norms: legal obligations and moral obligations.

Which obligation matters more, legal or moral?

Where priorities must be set, claims based on legal obligations generally take precedence over purely moral claims, and some moral claims may be stronger than others. Where the estate permits, all claims should be met.

Can the will-maker's stated reasons be challenged?

The court may accept evidence about the will-maker's reasons, and must consider all the circumstances that bear on whether a statement of those reasons is accurate. A stated reason does not end the matter.

What can the court order if the claim succeeds?

It can order a lump sum, periodic or other payments, a transfer of property, or the creation of a trust. It may also attach conditions.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. British Columbia laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in British Columbia. Reach us at 1-844-900-1070 or send our Team a message.

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