Wills Variation Claims

Estates law in British Columbia provides options for family members who are unhappy with their inheritance under a will. If a will does not adequately provide for a spouse or child, a court may vary the will to reflect the deceased's moral and legal obligations to provide adequate inheritance, even where a spouse or child is left out of the will completely. This is referred to as a wills variation claim.

Those entitled to seek a wills variation claim include wives, husbands, same-sex partners, common-law spouses and children. The unique circumstances of the case will inform the legal and moral obligations of will-makers to provide for their families. The amount of inheritance family members are entitled to receive will depend on a variety of factors, including the size of the estate, the quality of life a family member has grown accustomed to, and the length of marriage. Principles such as unjust enrichment give an adult child a right to inherit a portion of the estate that is in keeping with the contribution that child has made to the preservation of the estate. Where you have not been adequately provided for or completely left out of a will, our lawyers will assist you in identifying and asserting your rights to inheritance.

For over 40 years, Peterson Stark Scott has helped countless beneficiaries and families navigate inheritance concerns. With decades of experience and a commitment to excellence, our estates lawyers are well-equipped to bring or defend wills variation claims and protect your rights as a beneficiary.

For more information on wills variation claims and your rights to inheritance contact us online, or call 604-634-2308 or 800-675-2419.