If you have been left out of your mother’s will in BC, you can challenge it through a wills variation claim as her biological or legally adopted child. You will need to file your claim within 180 days of the grant of probate, proving your relationship and demonstrating inadequate provision. The courts will consider factors like your financial needs, relationship with your mother, and her reasons for disinheritance. Understanding the specific requirements and deadlines will strengthen your position for a successful claim.
Key Takeaways
- As a biological child in BC, you have the legal right to challenge your mother’s will under WESA for inadequate provision.
- You must file a Wills variation claim within 180 days from the grant of probate to contest the will.
- Request a copy of the will immediately and gather evidence about your relationship with your mother and your financial needs.
- Consult an experienced estate litigation lawyer to evaluate your case and guide you through the legal process.
- Courts can vary the will if they determine it does not provide adequate support, considering factors like financial need and family obligations.
Understanding Your Legal Rights as a Child in BC
While being left out of a will can feel devastating, it is important to understand your legal rights as a child in British Columbia.
Under the Wills, Estates and Succession Act (WESA), you have the right to challenge your parent’s will if you believe you have been inadequately provided for, regardless of your age or financial status.
As a biological or legally adopted child, you can bring a Wills variation claim to court.
The court will consider factors like your financial needs, your relationship with the deceased, and any reasons for disinheritance.
You will need to document your case thoroughly and seek legal advice to navigate this process effectively.
Even if you were intentionally disinherited, you may still have valid grounds for contesting the will, particularly as your parent had moral obligations at law to support you.
When Can You Challenge a Will?
If you have been left out of a will or received less than you expected, you may have grounds to challenge the will through BC’s courts.
Under the Wills, Estates and Succession Act (WESA), spouses and children can contest a will if they believe they have not received adequate provision.
You can challenge a will if you are either a spouse (including common-law partners of at least two years) or a child (biological or legally adopted) of the deceased.
The courts will consider various factors, including your financial needs, your relationship with the deceased, and the size of the estate.
They will also examine any documented reasons for your disinheritance and evaluate whether the will-maker met their legal and moral obligations to provide for you adequately.
Key Requirements for Contesting the Will
Meeting the requirements to contest a will involves several specific legal criteria you will need to satisfy. In British Columbia, you must be either a spouse or child of the deceased, and you will need to demonstrate that the will fails to make adequate provision for your proper maintenance and support.
- You must file your claim within 180 days from the date the grant of probate is issued.
- You must provide evidence of your relationship to the deceased (spouse or child).
- You must demonstrate financial need or inadequate provision in the will.
- You must present valid reasons why the court should vary the will’s terms.
Understanding these requirements is essential before proceeding with a challenge.
The court will carefully examine your circumstances, including your financial situation, your relationship with the deceased, and any reasons given for your disinheritance.
Legal Grounds for Making a Wills Variation Claim
Legal grounds for making a wills variation claim in British Columbia rest primarily on Section 60 of the Wills, Estates and Succession Act (WESA).
As a spouse or child of the deceased, you can challenge the will if you believe it does not provide adequate, just, and equitable provisions for your maintenance and support.
You will need to demonstrate that the will-maker failed to meet their legal and moral obligations to you.
The court will consider various factors, including your financial circumstances, your relationship with the deceased, and any valid reasons for your disinheritance.
If you are an adult child, you can still make a claim regardless of your financial independence.
It is essential to understand that while the court respects testamentary autonomy, they will intervene if they find the will’s provisions inadequate under contemporary standards.
Steps to Take After Discovering Your Disinheritance
Upon discovering you have been left out of a will, taking immediate and calculated steps can protect your legal interests and options.
It is essential to act promptly while maintaining a strategic approach to address your disinheritance effectively.
- If you have not received a copy of the will, request a copy of the will from the probate registry to verify your exclusion and review the details.
- Document any relevant information about your relationship with the deceased, including financial support, communications, and family dynamics.
- Calculate the limitation period for filing a claim, which is typically 180 days from the grant of probate.
- Contact an experienced estate litigation lawyer to evaluate your case and determine if you have grounds for a wills variation claim under WESA.
How Courts Evaluate Will Challenges in BC
After taking initial steps to address your disinheritance, you will want to understand how BC courts approach Will challenges.
When evaluating your case, courts will consider several key factors, including your financial needs, your relationship with the deceased, and any reasons documented for your disinheritance.
Under WESA, courts can vary a will if they determine it does not provide adequate, just, and equitable support for you as a child of the deceased.
They will examine both legal and moral obligations, weighing the size of the estate against competing claims from other beneficiaries.
The court will also consider your parent’s estate plan autonomy while ensuring fair distribution according to contemporary standards.
If you are challenging the will, you will need strong evidence demonstrating why the current provisions are inadequate for your circumstances.
Time Limits and Important Deadlines
When it comes to challenging a will in British Columbia, you will need to act quickly since strict time limits apply. Under the Wills, Estates and Succession Act (WESA), you must file your claim within specific deadlines to preserve your rights.
Key deadlines you need to know:
- You must file a Wills variation claim within 180 days from the date the grant of probate is issued.
- The deadline for challenging the validity of a will starts when probate is granted.
Missing these deadlines can result in losing your right to challenge the will, so it is essential to consult with an estate lawyer promptly after learning about your exclusion.
Getting Professional Legal Help
Given the complexity of will challenges and strict legal deadlines, seeking professional legal guidance can make all the difference in protecting your interests.
An experienced estate litigation lawyer can assess the merits of your case, explain your legal rights, and guide you through the contesting process under WESA.
Your lawyer will help gather the necessary documentation, evaluate the strength of your claim, and determine the most effective legal strategy.
They will guarantee you meet critical filing deadlines and properly present your case to the court.
If you are considering challenging your mother’s will in BC, do not wait to consult with a qualified estate lawyer who can explain your options and help you make informed decisions about pursuing a Wills variation claim.
Potential Outcomes of Will Variation Claims
Understanding the possible outcomes of a will variation claim can help you set realistic expectations for your case. When the court reviews your claim, they will consider multiple factors, including your relationship with the deceased, financial needs, and the size of the estate.
The court may decide on any of these outcomes:
- Uphold the original will if they find adequate provision was made
- Vary the will to provide you with a larger portion of the estate
- Order a complete redistribution of assets among eligible beneficiaries
- Grant you a specific dollar amount or percentage of the estate
Remember that even if your claim succeeds, you will not necessarily receive an equal share with other beneficiaries.
The court’s primary goal is to guarantee fair and adequate provision while respecting the deceased’s wishes as much as possible.
Conclusion
If you have been left out of your mother’s will in BC, you are not without options. You can challenge the will under WESA as a child of the deceased, but you must act within strict time limits. Contact an experienced estate litigation lawyer immediately to assess your case and guide you through the variation claim process. The courts have the power to modify the will to guarantee you receive fair provision.
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Kelly Sullivan
WILLS and ESTATES PARALEGAL
Kelly is a highly accomplished Paralegal with an impressive 28-year tenure in the legal industry, specializing in estate administration and estate planning at Vest Estate Law.
