Can I Vary A Will?
British Columbia places a legal obligation upon will-makers to adequately provide for their spouses and children. When a spouse or child has been left out of a will or given an inappropriate share of assets, these individuals can launch a challenge to have a court increase their share of the estate.
Our Vancouver firm, Edward F. Macaulay Law Corp, pursues this kind of legal action on behalf of clients. Our lawyer has two decades of experience guiding family members through the process of challenging or varying a will to what is equitable and intended by the will-maker.
Classes Of Individuals Who Can Apply For A Will Variation
The Wills Variation Act, British Columbia’s unique piece of legislation, allows only a testator’s spouse or child to make a claim that the will be changed to increase his or her inheritance. Specifically, claims can be advanced by:
- Spouses, including a common law spouse who lived with the testator for at least two years immediately prior to the testator’s death
- Children, including all biological and legally adopted children
Changes That Courts Allow
The law allows for a court to substitute the provisions of the will in favour of a distribution of assets that is “adequate, just and equitable” in the circumstances. Legal advice can help you to determine if your share of a will may be contestable or if a person’s claim to vary a will can be defeated.
Edward F. Macaulay is a well-respected estate litigation lawyer who has narrowed his practice focus to wills and estates claims. As our firm’s founding lawyer, he has earned a reputation for effective legal representation and excellence in legal service. Our firm is committed to providing straightforward and objective advice about your legal claim.
Contact Us To Gain A Legal Opinion
If you seek to understand your legal position in regards to a loved one’s estate, including options to challenge or vary a will, our Vancouver lawyer can help. Schedule a consultation by calling us at 604-259-2896 within the Lower Mainland or toll free at 800-401-4983.