- A court in British Columbia can order the provision it considers adequate, just and equitable for a will-maker's spouse or children if the will does not adequately provide for their proper maintenance and support.
- A wills variation claim must be started within 180 days from the date the representation grant is issued in BC, so timing matters.
- Whether a claim succeeds, and for how much, depends on the facts, so it is worth speaking with a lawyer early.
Finding out that a parent left you out of their will, or left you very little, is painful and confusing. Many adult children assume a will is final. In British Columbia, that is not always the case.
This article explains the wills variation claim under the Wills, Estates and Succession Act (WESA), who can bring one, the deadlines, and what outcomes are realistic. It is general information, not advice about your own situation.
This article covers the law of British Columbia.
What a wills variation claim is
Wills variation is a court process. Under WESA section 60, a court may order whatever provision it considers adequate, just and equitable out of the estate for the will-maker's spouse or children if the will does not adequately provide for their proper maintenance and support.
The law speaks of a spouse or children, and it does not limit this to young children. An adult child can therefore be a person who may bring a claim, but being left out does not automatically mean a claim will succeed.
Deadlines you cannot ignore
A spouse or child who says the will does not make adequate provision must start the proceeding within 180 days from the date the representation grant is issued in BC. The clock runs from the grant, not from the date of death.
A copy of the initiating pleading must also be served on the executor no later than 30 days after the 180-day period ends, unless the court extends the time.
| Step | Rule |
|---|---|
| Start the claim | Within 180 days from the date the grant is issued in BC |
| Serve the executor | No later than 30 days after the 180-day period ends, unless the court extends the time |
How you learn about the will and the grant
Before applying for probate, the applicant must give notice of the proposed application to the persons the Supreme Court Civil Rules specify. That includes each beneficiary under the will and living executors and alternate executors. The notice must come with a copy of the will, which is the main way a beneficiary gets a copy.
If you are not a beneficiary, you may not receive that notice. If you suspect there is a will or a grant, it is worth getting legal advice on how to find out, because your deadline depends on when the grant is issued.
What to expect from a claim
The court decides what is adequate, just and equitable on the facts of each case. Some claims lead to a changed share, some to a settlement, and some do not succeed. No one can promise an outcome.
A pending claim also affects the estate. Unless a court orders otherwise, a personal representative must not distribute the estate within the 210 days after the grant is issued. Even after that, distribution needs court consent if wills variation relief is being sought.
What to do next
- Write down the date of death and find out whether a grant has been issued or applied for.
- Keep any notice of proposed application and the copy of the will that came with it.
- Note the 180-day deadline from the date of the grant and do not wait.
- Gather information on your relationship with the parent, your finances and the estate's assets.
- Speak with a wills and estates lawyer before the deadline passes.
Frequently asked questions
Can an adult child really challenge a will in BC?
The law allows a court to order adequate, just and equitable provision for a will-maker's spouse or children where the will does not adequately provide for their proper maintenance and support. Whether an adult child succeeds depends on the facts.
How long do I have to start a claim?
You must start the proceeding within 180 days from the date the representation grant is issued in BC. The executor must be served no later than 30 days after that period ends, unless the court extends the time.
Will the executor hold back the money while a claim is pending?
A personal representative generally cannot distribute within 210 days after the grant without a court order or required consents. Once a wills variation claim is under way, distribution needs court consent.
Do I need a lawyer?
The deadlines are short and the court's decision turns on the facts, so most people benefit from legal advice early. A lawyer can tell you how strong a claim may be and what the options are.
Sources
- Wills, Estates and Succession Act, SBC 2009, c. 13 (BC Laws) — bclaws.gov.bc.ca
- Supreme Court Civil Rules, B.C. Reg. 168/2009, Part 25 (BC Laws) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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