How to Disinherit Your Child in British Columbia and Mitigate Estate Litigation Risks

Planning for the disposition of your assets after your death involves various critical decisions. Including or excluding an heir, particularly a child, is among the most sensitive of these decisions. Here are steps to consider if you wish to disinherit your child in British Columbia, while potentially reducing the risk of estate litigation.

1. Seek Legal Advice

Contact an experienced estate lawyer for advice. A professional will help you understand the implications and provide legal strategies to achieve your aim while minimizing potential estate litigation risks.

2. Make a Valid Will

Ensure you have a validly executed will. This legal document must be in writing, signed by you, and witnessed by two eligible individuals. The details of your wishes, including your decision to disinherit a child, should be clear and unambiguous.

3. Specify Your Intentions and Consider Explaining Your Decision

Explicitly mention your intention to exclude the child in your will. In British Columbia, under the Wills, Estates and Succession Act (WESA), disinherited children have the right to contest a will if they believe they have not been adequately provided for. While providing reasons for disinheritance doesn't prevent a challenge, it may help the court understand your decision. These reasons could include estrangement or the child's financial independence compared to other beneficiaries.

Quick Facts:

1. Estate litigation encompasses various legal disputes related to wills, trusts, and estate administration, including challenges to the validity of a will or claims for variation.
2. Under British Columbia law, you can choose to disinherit a child in your will. However, the disinherited child can contest the will under WESA, regardless of any reasons provided.
3. Professional legal advice is crucial to understand the implications of disinheritance and to implement appropriate strategies.
4. While explaining your decision to exclude a child in your will may be helpful, it doesn't guarantee the will won't be successfully contested.
5. Regularly updating your will is important to ensure it reflects your current wishes and circumstances.

Remember, while these steps may help mitigate risks, they don't guarantee prevention of estate litigation. Always consult with a qualified estate lawyer to navigate this complex area of law.