Dealing with a Toxic Step Mother Attempting to Exclude You from your Father's Will in British Columbia

Inheritance matters can be rather complex and emotionally taxing, especially when it involves a toxic stepmother with intentions of having you left out of your father's will. If this is your situation, it's important to take actions that will safeguard your interests. Before we venture into some useful tips, it is essential to grasp the implication of being left out of a will.

Being left out of a will means that when your father passes away, you will not receive any property or money that you might have expected. These possessions instead might go to people like your stepmother. This outcome is not only financially draining, but can also breed bad blood between family members.

So, what should you do?

Understand the Will-Making Process

The first and most crucial step is to understand the will making process. Without understanding the steps that go into estate planning you will not know if your father took the appropriate steps. In British Columbia a parent can only cut out children under specific circumstances and if you know those circumstances you can ensure that you can dispute being disinherited if they do not apply to you.

Keep Records 

Records often are invaluable in proving your claim. If you have been disinherited you will need to prove that you have maintained a relationship with your parent or that your estrangement was caused by the actions of your parent and not as a result of your own actions. This means keeping records of letters and cards exchanged, photographs of times spent together and records of anything that shows you have maintained or attempted to maintain a relationship.

Note: In some cases there are abuses and traumas that will have led you to need to cut contact for your own protection. In those cases it is important to maintain records as well but the considerations of the court may be different and you should consult a lawyer before your parent has passed away.

Consult a Lawyer

If you are left out of your fathers will, or not left a fair share you should consult a lawyer right away. If you do not take action within the short limitation periods you will lose all rights. These are strict deadlines and no extensions are ever allowed so do not delay. A lawyer will guide you through the estate litigation process whether there was undue influence, lack of capacity or other circumstances that may make the will invalid or the will itself is unfair. 

Stay Calm

It's essential to remain composed despite what your stepmother might be planning as pushing the issue may lead to estrangement with your father which could lead to the court upholding the will despite your disinheritance.

Quick Facts:

• In British Columbia, any individual of sound mind who is over the age of 16 can make a valid will.
• Under the British Columbia Wills and Estate Succession Act ("WESA"), if you are left out of a will and you believe you have a valid claim, you may contest the will within 180 days after the estate's Grant of Probate is issued.
• Children in British Columbia, including adopted children, have a legal right to claim a "fair" portion from a parent’s estate if they believe that the parent’s will did not adequately provide for them.
• A will can be contested on the grounds of undue influence, mental incapacity of the will maker, or improper execution of the will.