British Columbia gives spouses and children a unique legal right: the ability to challenge a will that fails to provide "adequate, just and equitable" provision. This right is enshrined in the
180-day deadline from Grant of Probate — do not delay seeking advice.
In most jurisdictions, a person can leave their estate to anyone they choose — including strangers, charities, or distant relatives — while leaving a spouse or child with nothing. British Columbia is different. Under
, if a will fails to make "adequate, just and equitable" provision for a spouse or child of the deceased, a BC court can vary the will and redistribute the estate.
This right — unique in the strength of its application within Canada — reflects a long-standing BC policy that a deceased person's moral obligations to their family do not end at death. Wills variation claims are among the most litigated areas of BC estate law, and outcomes can vary dramatically depending on the facts.
The right to bring a claim is strictly time-limited: you have
180 days from the date the Grant of Probate is issued
to file. Missing this deadline almost always extinguishes the right to claim entirely.
Who Can Bring a Wills Variation Claim in BC
grandchildren, siblings, parents, common-law partners of less than 2 years, and step-children who were never legally adopted. These individuals cannot bring a wills variation claim — though they may have other legal remedies in some circumstances.
Defending a Will Against a Variation Claim
If you are an executor or beneficiary facing a wills variation claim, you are not without defences. Courts have upheld wills — even those that exclude spouses or children — where the testator had clear and rational reasons documented at the time of signing.
Estimate BC probate fees based on the estate's gross value.
37 steps to a complete estate plan — will, POA, executor duties and more.
Step-by-step guide to your duties as executor of a BC estate.
Sea to Sky Law™ — Estate Litigation
Think You May Have a Wills Variation Claim?
The 180-day clock starts when probate is granted — not when you first learn about the will. The sooner you get advice, the more options you have.
Sea to Sky Law™ handles both sides of wills variation matters — representing claimants who have been left out, and defending executors and beneficiaries against claims.
This page is for general information only and does not constitute legal advice. Limitation periods in estate litigation are strict — always consult a qualified BC estate lawyer promptly.
A legally married spouse or common-law partner (having lived together in a marriage-like relationship for at least 2 years at the date of death).
A spouse who has signed a valid separation agreement that releases estate claims may not be able to bring a variation claim. Consult a lawyer to assess whether your agreement bars a claim.
A biological or adopted child of the deceased, regardless of age — including adult children who have been independent for decades.
Step-children who were not legally adopted are not children under WESA and cannot bring a variation claim. Children of a marriage that ended in divorce retain their right to claim.
Children under 19 years of age, through a litigation guardian.
Courts apply a higher standard when minor children are inadequately provided for — the deceased parent's moral duty to minor children is treated as stronger than to adult children.
Did the deceased have a moral obligation to provide for this person — based on the relationship, dependency, the claimant's need, and the deceased's conduct during their lifetime? This is the central question in every wills variation claim.
A claimant in serious financial need is more likely to succeed. Courts consider income, assets, debts, disability, earning capacity, and whether the claimant was financially dependent on the deceased during their lifetime.
A larger estate makes it easier to provide for additional claimants without unduly affecting other beneficiaries. A modest estate limits what the court can realistically redistribute.
If the claimant contributed — through unpaid labour, caregiving, financial sacrifice, or business contributions — courts may give weight to that in determining an adequate share.
Courts consider the standard of living the claimant had during the deceased's lifetime and whether they reasonably expected to receive something from the estate based on the nature of the relationship.
An estrangement initiated by the deceased, or misconduct by the testator, may reduce the moral duty. Conversely, estrangement initiated by the claimant without justification may reduce or eliminate the claim.
Courts weigh what the will does provide to other beneficiaries — particularly if those beneficiaries have greater resources than the claimant. A will that leaves everything to a wealthy sibling while ignoring a struggling child is vulnerable to variation.
If the will was made for clearly considered and rational reasons — a long estrangement, the claimant's independent wealth, a prior gift — courts may uphold it. Arbitrary or unexplained exclusions are harder to defend.
As a spouse or child of the deceased, you are entitled to receive a copy of the will from the executor under WESA. Request it in writing. If the executor refuses, a lawyer can compel production.
You have exactly 180 days from the date the Grant of Probate is issued to file a wills variation claim. This is a hard deadline — courts have very limited discretion to extend it. Do not delay.
Wills variation claims are complex. Before deciding to proceed, get a frank assessment of your prospects from a lawyer who handles estate litigation. Many claims settle before trial — but you need legal advice to negotiate from a position of strength.
The claim is commenced in BC Supreme Court by filing a Notice of Civil Claim naming the executor as defendant. The executor is served and has 21 days to file a Response.
Most wills variation claims settle without going to trial. Once both sides have exchanged financial information, negotiations often lead to a variation of the estate distribution by consent. Settlement avoids the cost and delay of a trial.
If settlement is not reached, the matter proceeds to a BC Supreme Court trial. Both parties present financial evidence and argument. The judge has broad discretion to vary the will 'as is adequate, just and equitable in the circumstances' — there is no formula.
A wills variation claim is a legal application under s.60 of BC's Wills, Estates and Succession Act (WESA) that allows a spouse or child of a deceased to ask BC Supreme Court to vary (change) the will's distribution if it does not make adequate provision for them. BC is one of the only provinces where courts have this power — and courts use it. The court looks at both the claimant's needs and what a 'judicious' testator would have done, balancing the will-maker's autonomy against family obligations.
A wills variation claim under WESA s.60 must be started within 180 days of the date probate is granted. This is a strict limitation period — if you miss it, you lose the right to bring the claim entirely, regardless of the merits. If you are a spouse or child who has been inadequately provided for, contact a BC estate lawyer as soon as probate is granted — or as soon as you learn of the death.
Only a 'spouse' or 'child' of the deceased can bring a wills variation claim under WESA s.60. 'Spouse' includes a legally married spouse and a common-law partner who lived in a marriage-like relationship for at least 2 years. 'Child' includes biological children, adopted children, and — in some circumstances — stepchildren who were treated as children. Grandchildren, siblings, and other relatives cannot bring a wills variation claim.
Yes. Adult children have the right to bring a wills variation claim even if they are financially independent, have no special needs, and even if the will-maker gave reasons for the disinheritance. BC courts assess whether the will made 'adequate, just and equitable' provision. A testator's autonomy is respected — but not absolutely. Courts have varied wills where independent adult children were left nothing without adequate justification, particularly when the estate is large.
The court has very broad discretion — it can rewrite any part of the will's distribution. It can increase a claimant's share, reduce another beneficiary's share, override specific bequests, or redesign the distribution entirely. The court's goal is to produce a result that is 'adequate, just and equitable' in all the circumstances. Courts consider: the claimant's financial needs, the size of the estate, the reasons for the testator's choices, and the needs of other beneficiaries.
Does a separation agreement prevent a wills variation claim in BC?
A separation agreement in which a spouse releases their right to make a wills variation claim can be enforceable — but it is not automatic. Courts scrutinize such releases carefully. A release must be clear, made with independent legal advice, and not unconscionable. If the surviving spouse has significant financial need, courts may still find that the release was inadequate or that circumstances have changed enough to make enforcement unjust.
Yes, if you are a qualifying spouse or child. Courts have varied wills that left entire estates to charities or non-family beneficiaries when spouses or children were left with inadequate provision. The testator's generosity to others does not override the legal obligation to make adequate provision for a spouse or child. The larger the estate and the greater the claimant's need, the stronger the basis for variation.
A contested wills variation claim that proceeds to trial typically costs $30,000–$100,000+ in legal fees per party, depending on estate complexity and the number of issues contested. However, most claims settle before trial — often at mediation — at significantly lower cost. Many BC estate lawyers handle wills variation claims on a partial contingency or deferred-fee basis. The 180-day deadline means acting early is essential — delay limits your options.
Challenge a Will BC — Wills Variation & 180-Day Deadline | Sea to Sky Law
Left out of a will or treated unfairly in BC? You may have a wills variation claim — but the 180-day deadline is strict. Talk to a BC wills variation lawyer today.
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Sea to Sky Law™ — Estate Litigation & Wills Variation
BC wills variation claims under WESA s. 60 — representing spouses and children who have been inadequately provided for in a will.
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