While children usually inherit their parent’s estate upon death, we frequently see cases where a parent cuts their child out of the will and disinherits them. In most cases, the will-maker has the autonomy to leave their estate and assets to whoever they choose. In BC, however, laws exist which bar parents from disinheriting their children without valid reason.

When a parent cuts you out of the will, not all is lost. Children are able to ask the court to change their parent’s will for a share of their parent’s estate. This article guides you through some of the core legalities involved with disinheriting a child, the legal rights of a disinherited child, and how to ask the courts to change your parent’s will. 

Please note that none of the information below should be treated as legal advice. To receive legal advice, speak to a lawyer about your specific situation. 

 

Can My Parents Cut Me Out of the Will? Legal Implications of Disinheritance in BC

Yes, parents can leave their child out of a will, but it largely depends on the reason for disinheritance. 

British Columbia law requires that the will-maker’s spouse and children are fairly provided for through their will. Adult children are included in this law. That being said, disinheriting a child can still be legally valid in certain circumstances, which we will expand on later in this article. 

The child can challenge the will under the Wills, Estates, and Succession Act (WESA). The court might decide that the child has to be provided through the will even if it goes against the will-makers wishes. 

 

What Can Cause You to Lose Your Inheritance?: Why Parents Disinherit their Children

What causes a child to lose their inheritance? The courts review many justifications for disinheritance of a child, and while some are valid, others are subject to being challenged by the disinherited party. 

In order to have a chance to legally disinherit a child, a parent, or alternatively another party on their behalf, needs to prove one of the following: 

• The parent and child haven’t been in contact for an extended period of time. 
• The child was abusive to the parent.
• The child has no need for the parent’s estate.
• Another child has a greater need for the estate than the disinherited child. 

Even then, a court may still vary a will leaving out a child.

If any of these have not been adequately proven by the parent, the child can hire a lawyer and go to court to challenge the will. 

The court considers the will-makers legal and moral obligations to their children when evaluating a will challenge. Evidence to prove that the will-maker was at fault for the estrangement between themselves and their child could help support the disinherited party’s will challenge. That being said, there’s no guarantee that the child will receive a share of the estate because of this. 

When a Parent Cannot Disinherit Their Child

Generally, a parent cannot disinherit a child based on personal dissatisfaction with their morality and/or behaviour. For example, dissatisfaction with their job choice, partner, or lifestyle. These reasons do not eliminate the parent’s legal obligation to provide for their child through their will. 

when a parent cuts you out of the will for any of these reasons, you can challenge the will if you feel the reasoning was unjust. Speak to a lawyer about the legal validity of your disinheritance before making a will variation claim. 

Children who are under 19 or who are financially dependent due to a disability cannot be disinherited. 

 

What to Do When a Parent Disinherits You in BC

If you’re interested in challenging a will, it’s important to take action quickly. There are very short timelines for will variance in BC. If you don’t file a claim in the British Columbia court within six months from the date of probate, your claim could be lost forever. 

If you believe you’ve been unfairly disinherited by a parent or that a parent’s will is unfair, the first thing you should do is seek qualified legal advice and counsel in BC. A British Columbia estate lawyer can help you with valuable insights into your legal rights and situation, giving you advice about whether your disinheritance is legally validated. 

At Dyson Law, we have extensive experience assisting disinherited parties with will challenges — Book a no-obligation consultation today! If you choose to pursue a will challenge, we have dedicated estate lawyers ready to support you as a legal representative. 

Being disinherited is not easy, especially while still grieving a parent. It’s important not to ignore the emotional strain an event like this can cause. We strongly recommend seeking mental health support if you’ve recently been disinherited by a parent.