What To Do If You're Left Out of a Will in British Columbia?

The Devastating Blow of Being Left Out of a Will

Discovering you've been left out of a will can come as a shock. The realization that your parents didn't include you can lead to a range of emotions, from sorrow and disbelief to anger and resentment. However, being left out of a will in British Columbia is not necessarily the final word on your inheritance.

Understanding The Legal Standpoint

In British Columbia, The Wills, Estates, and Succession Act (WESA) provides safeguards for children who have been left out of a will. Under this law, the court can intervene and change the will to provide for the disinherited child, if they deem it 'adequately provides for the proper maintenance and support' of the person(s) in question. Both adult and minor children are entitled to adequate provisions but what is adequate varies based on the circumstances.

Legal Actions You Can Take

If you have been disinherited you should consider contesting the will. To successfully contest the validity of the will, you'll need to establish that the will-maker lacked the mental capacity when they made the will, they were unduly influenced by someone, or there was a fraud or forgery. Even if the will itself is valid you can file an action for a Variation of the Will under WESA and request that the court alter the distribution of the estate despite the terms in the will.

Seeking Legal Advice

Engage a lawyer experienced in estate law can help you understand your rights and the legal procedures you need to follow when you're left out of a will in British Columbia. A lawyer can also provide advice about contesting the will and argue for a variation under WESA.

The Route Forward

Remember, being left out of a will is distressing, but it does not mean you are without options. Seek legal counsel and explore the opportunities available to you under British Columbia law.

Top 5 Facts:

• Fact 1: Under the Wills, Estates, and Succession Act (WESA) in British Columbia, if you've been left out of a will, you can petition the court for a change.
• Fact 2: Contesting the validity of a will requires you to establish the will-maker lacked the mental capacity when they made the will, they were unduly influenced by someone, or there was fraud or forgery.
• Fact 3: Under WESA a spouse or child can file an action to vary the will, allowing the court to vary the distribution of the estate to provide for the disinherited.
• Fact 4: Hiring a lawyer experienced in estate law can help understand your rights when you've been left out of a will.
• Fact 5: Despite being left out of a will, you have legal options to ensure your interests are represented.