October 24th, 2011
Not Fairly Provided for in a BC Will? Here’s free information on BC Wills Variation Laws from a Vancouver BC Wills Variation lawyer. READ THIS IF YOU ARE INVOLVED IN A DISPUTED OR CONTESTED WILL CASE IN BC. Contact us across BC toll free at 1-877-602-9900 or call our local Wills Variation law office numbers in Vancouver, Surrey, Kelowna and Fort St John.
Many children that were raised in close and happy family situations are often stunned and disappointed to find that they were left out of a loved one’s will for unfair reasons or even reasons unknown. In British Columbia, the Wills Variation Act allows an eligible applicant to vary a will within six months from the date of the grant of probate if he or she feels that the will does not adequately provide for him or her. Specifically, section 2 of the WVA provides that:
“Despite any law or statute to the contrary, if a testator dies leaving a will that does not, in the court’s opinion, make adequate provision for the proper maintenance and support of the testator’s spouse or children, the court may, in its discretion, in an action by or on behalf of the spouse or children, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the testator’s estate for the spouse or children.”
Qualified Applicants – Further Defined
- Under the Act, applicants include persons of the same sex or opposite sex living in a marriage-like relationship (common law) for not less than two years prior to the testator’s death.
- The word “child” includes adopted child but does not include step-children.
- Children can bring a claim even if they are adults.
What does this mean?
It means that if your spouse or parent has died you can apply to the Supreme Court of British Columbia to vary the respective will to provide properly for you. You may have been given a nominal amount, disappointed because the testator left you a life interest rather than giving you the property absolutely, or left out of the will entirely. The Court may order a lump sum or a periodic or other payment.
Property Covered by the Wills Variation Act
The Act applies to all real property located in B.C, regardless of where the testator lived prior to his or her death and to personal property wherever located only if the testator lived in BC and intended to make BC his or her permanent home.
Limitations
An applicant must bring an action within 6 months of the date of the grant of probate. There is no extension of this time limit. Thus, if you sit on your rights you will lose the remedies available to you under the Act!
Furthermore, the court will look at all of the circumstances of the estate and of the applicant when making a decision. Such circumstances include the size of the estate, the assets passed outside the estate, what constitutes “proper maintenance and support” determined by considering the applicant’s situation in life and the standard of living to which the testator has allowed the applicant to become accustomed. However, keep in mind that the court may not interfere where it finds that a testator had good reason to disinherit a child. Therefore, consulting with a lawyer is advisable to understand circumstances unique to your particular situation!
There you have it:
Wills variation law in British Columbia allows for equitable relief for both spouses and children who have been under-provided for in a will or left out entirely. Whether the situation arose due to family abuse, unfair discrimination (usually against daughters), or cultural norms favoring male heirs, there are many circumstances in which the Act allows a rightful heir to achieve an equitable remedy.
MacLean Family Law has top-qualified lawyers eager to advise you of your rights under the Act. Considering the tight timelines in the wills variation process, do not wait and contact a lawyer immediately to learn how you can obtain an equitable result.
Let us make all this make sense – contact MacLean Law at (604)602-9000!
