Legal Services for Individuals & Families

Issues Related to Varying a Will under the Wills, Estates and Succession Act (“WESA”)

Under the Part 4, Division 6 of WESA, a will-maker or testator has certain obligations towards his or her spouse(s), including common-law spouse(s), and children, including legally adopted children and children born outside of marriage, alive at his or her death. In British Columbia, even if a Will is technically valid, the will-maker must still make “adequate, just and equitable” provision for spouses(s) and children. If the Will does not properly provide for them, the children or spouse(s) have a right to challenge the distribution of the estate under the Will.

We are able to advise and represent you in matters related to varying the distribution of an estate set out under a Will, including the following:

  • If a Will unfairly excludes or disinherits a “child” or a “spouse” of the person who made the Will and the child or spouse feels that the Will is unfair;
  • If you are unsure if you qualify as a “child” or a “spouse” of the person who made a Will within the meaning of the Part 4 of WESA and you need help to determine your status or ability to challenge the distribution of the estate under the Will;
  • If a person has challenged a Will under the Part 4, Division 6 of WESA and the Will names you as the trustee or executor and you need to know your rights and responsibilities;
  • If a person has challenged a Will that lists you as a beneficiary and you need help determining your rights and entitlement; and
  • If you are named as an executor/trustee and are also a “spouse” or “child” and you are considering applying to vary the distribution of the estate under a Will under the WESA.

← back to Estate and Trust Litigation