Varying A Will For Spouses

Will-makers must adequately provide for their spouse when they dictate how their assets are to be distributed. A court can order that a greater share of an estate be given to a surviving spouse if the amount left to that person is found to be inadequate, in the opinion of the court. The legal counsel at our Vancouver firm, Edward F. Macaulay Law Corp, executes these legal claims on behalf of clients.

Who Can Make A Claim To Vary A Will

The Wills Variation Act permits the spouse of the deceased to make a claim on estate assets. For this purpose, a "spouse" includes:

  • Legally married spouses
  • Common law spouses
  • Same-sex and opposite-sex spouses

In the case of common law relationships, the surviving spouse must have lived with the testator for at least two years before his or her passing.

Factors That Courts Consider

Contesting a will on this basis, or defending the testator's wishes, requires strong legal representation. The court will examine several factors before agreeing to vary the will, including the size of the estate, the financial situation of all parties and whether, in life, the testator looked after the spouse in question.

Edward F. Macaulay is a seasoned estate litigator. With more than two decades of successful practice in British Columbia, Macaulay has earned respect from clients, the courts and fellow members of the legal profession.

Contact Us For A Professional Opinion

Our Vancouver lawyer advises spouses who seek to vary a will as well as disinherited children of testators and those looking to defend a will's asset allocation in the face of challenge. To schedule a meeting with our lawyer, call us at 604-259-2896 or toll free at 800-401-4983 or contact us online.