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The Wills, Estate Succession Act (WESA) in British Columbia is designed to allow spouses and children to challenge a will to ensure that they are adequately provided for, even if they were unjustly excluded. This is sometimes called a Wills Variation claim.

Complications arise when a will-maker disinherits a family member or shows preferential treatment among beneficiaries. The reasons behind such actions may not always be clear. Therefore, anyone planning their estate or possibly standing to benefit from a will must fully understand the intricacies of WESA.

Some of the Court’s considerations for varying a will may include the will-maker’s intention, the needs and contributions of the potential beneficiaries, and the size of the estate.

Don’t delay! Take swift action when submitting a Wills Variation claim due to short and strict time constraints. Delaying beyond 180 days could invalidate your claim.

Reasons the Court may vary a will:

The nature of the relationship and legal responsibilities the will-maker had towards their surviving spouse or child

Promises made by the will-maker before their death

The will-maker’s reasons for disinheriting their surviving spouse or child and the will-maker’s part in any estrangement with their surviving spouse or child

Gifts and benefits the will-maker gave to others outside the will during their lifetime and after their death

How much support the will-maker provided during their lifetime to their surviving spouse or child, and how much their spouse or child depended on this support

The financial or other needs of the surviving spouse or child

Financial and other contributions made by the surviving spouse or child to the will-maker

The total value of the estate

The nature of the relationship and legal responsibilities the will-maker had towards their surviving spouse or child

Promises made by the will-maker before their death

The will-maker’s reasons for disinheriting their surviving spouse or child and the will-maker’s part in any estrangement with their surviving spouse or child

Gifts and benefits the will-maker gave to others outside the will during their lifetime and after their death

How much support the will-maker provided during their lifetime to their surviving spouse or child, and how much their spouse or child depended on this support

The financial or other needs of the surviving spouse or child

Financial and other contributions made by the surviving spouse or child to the will-maker

The total value of the estate

What compensation may I be entitled?

Your fair share is dependent on the unique facts of your situation. Predicting the outcome of a Wills Variation claim is challenging due to the specific nature of each case. Courts evaluate all facts, and since each case is unique, it is important to understand that the result of every case is influenced by its own set of facts. The sooner we can discuss the facts unique to you the sooner we can assess the merits of your claim.

What is our client-centered approach?

Slater Vecchio is built on the philosophy that our clients come first. Hearing your story and understanding your needs is an important part of helping you. We recognize that it can be difficult to share your story and we aim to create a safe, supportive space for you. This does not have to happen in one day.

We are here to help whenever you are ready.

Our client-centred approach includes:

Where can we help?

We are currently able to help clients with will disputes in the province of British Columbia.

Technology brings your legal team to you wherever you are, even in the comfort of your own home. We are happy to connect with you virtually or in person.

Real-life Scenarios*

Discrimination on the basis of gender

After successfully challenging their parents’ will, sisters Jas and Misha had the distribution adjusted from just 6.6% to 60% for themselves and adjusted from 93.4% to 40% for their brothers. The Court said that the original will did not meet the fairness standards of Canadian society.

Discrimination on the basis of sexual orientation

Treated unfairly in his father’s will due to his sexual orientation, Harry contested it and won. The court ruled that a parent cannot disinherit or treat a child unfairly over their homosexuality.

Recognition of child's care and efforts

Despite dealing with demanding parents for most of her life, Tasha was supposed to receive less than 1% of her mother’s estate due to two years of estrangement. After challenging the will, she was awarded 50% in recognition of her faithful care and efforts.

Recognition of child's financial needs

In a successful challenge to her father’s will, Hana who is disabled and financially struggling with two children, increased her share of the estate from one-sixth to half of the estate and her brother’s share was reduced.

Recognition of parent's moral obligations towards child

Abandoned by their father as babies, twin sisters June and Joyce were awarded 70% of his estate, demonstrating in court that he had failed in his moral obligation to support them.

Recognition of will-maker's role in estrangement

Initially given 25% of his parent’s estate, Ray who was estranged from his family, saw his share increased to 60% after the Court recognized his financial needs and reconciliation efforts.

Recognition of child's care and efforts

To recognize his care for his elderly parents in their final years, Harvey was awarded a fixed sum from their estate acknowledging his dedication and support.

Learn more about will variations:

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What are my next steps?

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Legal Disclaimer:

*Real-life client scenarios have been anonymized and are not exclusively clients of Slater Vecchio LLP. Contacting us does not create a solicitor-client relationship. Will Variation claim legal service is only available in British Columbia.