Wills Variation - Who Can?
If you're dealing with a will that doesn't seem fair, you might be wondering if you can challenge it. In British Columbia, this process is called a wills variation claim. But who has the right, or "standing," to bring such a claim? Let’s break it down simply.
Under the Wills, Estates and Succession Act (WESA), not just anyone can challenge a will. Generally, the people who have standing to bring a wills variation claim are:
Spouses: This includes both married spouses and common-law partners who have lived together in a marriage-like relationship for at least two years.
Children: Biological or adopted children of the deceased have a right to claim if they believe they haven’t been adequately provided for in the will. This includes minor children and adult children.
The idea behind these rules is to ensure that people meet their moral and legal obligations when they make a will.
If you’re wondering whether you have a claim, or are already dealing with a wills variation claim, it’s a good idea to consult a lawyer who can help you understand your rights and the process. They can provide guidance on whether you have standing and how to proceed with your claim.
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We would be happy to help you navigate the complicated area of wills variation claims, whether as a claimant, defendant, or as the executor of an estate.
© Albert & Co. Law LLP. The contents of this article do not constitute legal advice. Readers should seek legal advice in relation to their own specific circumstances.