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June 1, 2024

How to Disinherit a Child from Your Will in British Columbia

Estate Planning in British Columbia: An Overview

Written by

Marlisa H. Martin
June 1, 2024

How to Disinherit a Child from Your Will in British Columbia

Estate Planning in British Columbia: An Overview

Written by

Marlisa H. Martin

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"Disinherit", "Will", "Estate planning", "British Columbia", "testator", "beneficiary", "disinheriting children"```html

How to Disinherit a Child from Your Will in British Columbia

Creating a will is an essential part of estate planning, particularly if there is a need to disinherit a child. Though a sensitive topic, it can sometimes be necessary due to various personal reasons. In British Columbia, a certain process needs to be followed for this to be carried out legally and effectively to prevent the disinherited child from contesting the will.

Estate Planning 

British Columbia's laws permit a testator - the person making a will - to disinherit a child. However, the testator needs to put forth sufficient valid reasons for doing so in the will.  You can not disinherit your child because you disapprove of their spouse or their life style. There must be misbehavior of the child towards the parent rather than misbehaviour or lack of tolerance from the parent. It is a rare case that a parent can justify disinheriting their child but when there is, it is important to take the right steps. It's also advisable to obtain professional legal advice to devise a foolproof plan.

Explicitly mention the disinherited child

When disinheriting a child, it's essential to explicitly mention them in the will, as any ambiguity could result in legal complications. While the reason for disinheritance doesn't need to be explicitly stated, clear evidence of your motive is important.

Appropriate legal advice

It is beneficial to consult with an experienced estate planning attorney. They can guide you through the intricacies of laws in British Columbia, helping to draft a flawless will that reflects your wishes and limits potential future disputes. If you retain an experienced estate lawyer they will ensure that they document and retain any evidence necessary to ensure your wishes are upheld.

Three Important Facts about Disinheritance in British Columbia

  1. Although permitted to disinherit a child in British Columbia, the law also allows that child to contest the will if they believe they were treated unjustly.
  2. To minimize disputes, the reasons behind your decision to disinherit should be explicitly stated in the will or maintained with your will.
  3. A poorly drafted will can be contested. Therefore, it’s advisable to seek professional legal assistance to ensure the will is legally sound.
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