Left Out of a Will in British Columbia, Canada: What Can You Do?

Some might assume that the end of a family member's life, their spouse and children will automatically inherit their estate, but in some cases the deceased disinherits their children or spouse which can have devastating impacts. Each province has their own rules regarding disinheritance and it is important to know your rights and the options available to you. This blog posts provides some basic information for anyone who has found themselves left out of their parent or spouse's Will in British Columbia, Canada.

Legal Grounds

Under the Wills, Estates, and Succession Act (WESA) in British Columbia, only a spouse or child (biological or adopted) is eligible to contest a Will if they feel that the deceased person did not properly provide for them in their will. If you are a biological child of the testator but have been legally adopted you are not legally entitled to contest your bio parents will. Whether a will properly provides for a spouse of child depends on a variety of factors including age, ability and financial need. 

Process of Contesting

Contesting a Will isn't a simple matter, and it requires legal assistance. If you've been left out of a Will in British Columbia, the first step is contacting an experienced estate litigation lawyer to understand if you have a claim under WESA. Simply being disinherited does not necessarily mean you will be successful if you contest the will. This is particularly evidence if another beneficiary has a higher need than you.

Why Might You Be Cut Out of a Will?

There can be varied reasons why someone might be left out of a Will. These include broken or strained relationships, the drafting of a Will before a significant life event like a marriage, birth or adoption, oversights, or the deceased believing that you're sufficiently provided for. In cases of blended or multiple families the issues can become much more complex. There are valid reasons for cutting potential beneficiaries from your will and experienced legal counsel guide you through understanding your chances of success in contesting a will.

Five Facts About Wills in British Columbia

1. As per WESA, anyone over 16 can make a Will in British Columbia.
2. The WESA also allows certain persons to contest a Will if they believe it's inadequate.
3. In British Columbia, Wills cannot be contested on a whim. Cases require strong legal grounds and supporting evidence.
4. A Will can be challenged for validity in situations involving undue influence or when the validity of the Will-maker's signature is questioned.
5. Consulting an experienced estate lawyer is the first step to take if you've been left out of a Will and disinherited.

Although being cut out of a Will can be distressing, you have rights and options. Always consult with a seasoned estate lawyer to explore these and make the best choices possible.