It’s fair to assume that terms finalized in a valid will are final and that whatever the will-maker’s wishes were adhered to. However, this is not always the case in BC.
Under the Wills, Estates, and Succession Act (WESA), certain family members have the legal right to challenge a will if they feel they have not received adequate provisions in the inheritance. Receiving less than expected, or in some cases nothing at all, can be deeply upsetting and cause significant financial stress. BC law recognizes this and provides a legal path for eligible family members to seek a larger portion of the estate.
When assessing these wills variance claims, courts carefully weigh both the legal obligations of the deceased and the moral duties owed to family members. This ensures that the estate is distributed in a manner that is not only legally sound but also fair, taking into account the needs and circumstances of those involved.
What Does “Adequate Provisions” Mean Under BC Law?
The concept of adequate provisions is established under WESA’s Section 60. The law permits the court to intervene if a will does not make “adequate provision for the proper maintenance and support” of a spouse or child. More simply put, the court has the authority to reallocate assets to ensure that eligible family members receive a fair share of the estate.
The term “adequate” is intentionally flexible and is not defined by a fixed dollar amount or percentage. Instead, the court assesses adequacy based on the unique circumstances of the family and the estate. Factors such as the size of the estate, the financial needs of the family members, and any prior support provided during the deceased’s lifetime all play a role in determining whether provision is sufficient.
If a spouse or child has been left out of a will or provided for inadequately, they have the right to challenge the estate through a wills variation claim. The idea behind this statute is to balance respect for the will-maker’s intentions with the responsibility to fairly provide for those who depended on them.
Who Can Submit a Wills Variance Claim?
Not just any relative can submit a wills variance claim. Only spouses and children of the deceased are eligible to bring forth this type of claim under WESA.
- Spouses: Must either be legally married spouses or common law partners. For common law relationships, the couple must have lived together in a marriage-like relationship for at least two years.
- Children: Must be biological or legally adopted children. Stepchildren, unless formally adopted, cannot file a wills variance claim. Importantly, adult children are also eligible to make a claim, even if they are financially independent.
Wills variation claims are subject to a strict time limit. Claims must be filed within 180 days from the grant of probate. Missing this deadline likely means losing the opportunity to bring a claim, and in turn, potentially missing out on an inheritance.
Common situations that may lead to a wills variation claim include:
- A new spouse receives most or all of the estate, leaving children from a prior relationship with little or nothing.
- One child receives substantially more than another without clear justification.
- An adult child is disinherited or receives a nominal inheritance despite a long relationship with the will-maker.
- A spouse receives significantly less than expected or is largely excluded from the estate.
How Courts Evaluate Wills Variance Claims
When a spouse or child challenges a will, the court carefully examines whether the estate provided adequate provision. This assessment goes beyond simply reviewing the numbers and considers both legal obligations and broader societal expectations.
The court analyzes several key factors:
- Obligations owed during life: Courts assess whether the deceased fulfilled responsibilities such as spousal support and financial obligations to dependent children.
- Moral duties: The court also considers what a reasonable person would have done to provide for their spouse or children. Moral obligations can sometimes extend to independent adult children, although these claims are typically weaker depending on the circumstances.
- Estate and family circumstances: The court reviews the size and composition of the estate, the financial needs, age, and level of dependency of the claimant, and the relationship between the claimant and the deceased, including any history of estrangement.
- Contributions and expectations: Any contributions made by the claimant to the estate or to the deceased’s well-being, as well as promises or expectations created during the deceased’s lifetime, may influence the court’s decision.
- Reasons for unequal treatment: The will-maker’s stated rationale for leaving unequal shares or disinheriting a beneficiary is carefully considered.
- Competing claims: Courts weigh competing interests, such as conflicts between a surviving spouse and children from a previous relationship.
If the court determines that the provision in the will is inadequate, it may order a redistribution of assets to ensure the estate is distributed in a manner that is “adequate, just, and equitable.”
However, a will may still be upheld if:
- The will-maker had valid and rational reasons for unequal distribution.
- The claimant already received significant benefits during the will-maker’s lifetime.
- Estate circumstances, such as estrangement or previous support, justify disinheritance.
How We Can Help You Challenge a Will
If you believe you have not been adequately provided for under a will, it is important to seek guidance promptly. Stephens & Holman works closely with clients to understand their unique circumstances, assess their options, and pursue fair outcomes. Our goal is to ensure that the estate is distributed in a manner that is both legally sound and just, giving you confidence throughout the process. Contact one of our offices today to learn more or to schedule a consultation free of charge.