In British Columbia, the Wills, Estates and Succession Act (the “WESA”) allows a will to be changed.
A spouse or child who has not been adequately provided for under a will may seek a court order to vary it under the WESA. Please note that grandchildren, friends and cousins, unfortunately, do not have the standing to vary a will.
The WESA also allows the courts to vary a will in situations where one or more siblings receive an unfairly large amount of property from the testator in a form that does not pass through the estate, such as a gift.
An action seeking to vary a will must be brought quickly, within one hundred and eighty (180) days of the date of the probate of the Will.
If you miss this deadline, you will lose your right to vary the Will forever. Indeed, there are only very exceptional circumstances where courts have allowed a wills variation to proceed following the expiry of the 180-day period.
The point is that you should seek immediate legal counsel should you feel that the Will has left you with nothing or less than you believe you should have received.
We accept some estate dispute cases on a contingency (%) fee basis.