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Can A Child Vary A Will?

Parents are required to provide for their children in their wills. If a child is unfairly excluded from a will or given a smaller share than is reasonable, it is within the child’s rights in British Columbia to bring legal action. Our Vancouver firm, Edward F. Macaulay Law Corp, requests court variance of wills on behalf of disinherited children and also represents those who wish to see the will remain unchanged.

Who Can Bring A Variance Claim?

The Wills Variation Act gives children of testators the legal means to request a change of a will if they are unfairly excluded from receiving assets. For this type of legal action, a “child” includes any biological or legally adopted children of the testator. Stepchildren or children who are biologically of the testator but have been legally adopted by someone else cannot make a claim for support.

How Courts Evaluate Will Variation Claims

As in claims of this kind made by spouses, the court will examine many issues in deciding whether or not to redistribute assets, including the financial situation of the child and the other beneficiaries, the assets in the estate and the conduct towards the deceased person by the child making the claim. These are factors that will influence the success of a claim. However, a claim can be launched by any child, regardless of his or her level of financial affluence as an adult.

At Edward F. Macaulay Law Corp, we are hands-on with our clients. We develop a full understanding of their needs and the intricacies of their legal claim. We are available to answer questions about their case as it unfolds and give clients the benefit of our experience and knowledge as we represent them.

Contact Us To Discuss Your Case

Legal advice is necessary to contest a will. To schedule a consultation with our Vancouver lawyer about will disputes, including child or spouse disinheritance, call us locally in the Lower Mainland at 604-259-2896 or toll free at 800-401-4983 throughout British Columbia. You can also contact our office online.