Contesting a will in British Columbia
BC gives adult children a right that almost nowhere else in Canada does. It also gives them very little time to use it.
In BC, an adult child can ask a court to vary a parent's will. In most of Canada, and in nearly all of the United States, a financially independent adult child who is left out of a will has no claim at all. In British Columbia they do. The deadline is 180 days from the date the representation grant is issued, and it is unforgiving.
The Act people search for no longer exists
Most articles on this subject refer to the Wills Variation Act. That statute was repealed in 2014, when the Wills, Estates and Succession Act came into force. The equivalent provision is now section 60 of WESA.
The principle carried over, so the older writing is not worthless, but anything citing the old Act is at least a decade out of date on procedure and should be read with that in mind.
What section 60 actually says
In substance: if a will does not make adequate provision for the proper maintenance and support of the will-maker's spouse or children, the court may order the provision it considers adequate, just and equitable in the circumstances.
Three things are doing the work in that sentence. Adequate is measured against what the will-maker owed, not against what the claimant wants. Just and equitable lets the court weigh conduct and history on both sides. And may means none of this is automatic.
Courts balance this against testamentary autonomy, the principle that people are entitled to decide what happens to their own property. A wills variation claim is an argument that a particular will crossed a line, not a general invitation to redistribute an estate more fairly.
Who can bring a claim
| Relationship | Can they apply? |
|---|---|
| Spouse, including a qualifying common-law partner | Yes |
| Child, including an adult, financially independent child | Yes. This is what makes BC unusual |
| Stepchild never legally adopted | Generally no |
| Grandchild | Generally no |
| Sibling, niece, nephew, friend, caregiver | No |
The stepchild point catches families out often. A person can be raised by someone for decades, call them a parent, and still have no standing under section 60 if there was never a legal adoption.
The deadline is the part that ends most claims
A wills variation proceeding must be commenced within 180 days from the date the representation grant is issued in British Columbia, and the personal representative must be served shortly after that window closes.
This is not a limitation period that bends for grief, for family negotiation, or for someone waiting to see whether things resolve on their own. Families routinely spend those six months trying to keep the peace and discover afterwards that the door has shut. If you think you may have a claim, the clock is the first thing to deal with, before the merits.
The limit nobody mentions until it is too late
A wills variation claim reaches only what passes under the will. It does not reach:
- Property held in joint tenancy with a right of survivorship, which passes directly to the surviving owner
- RRSPs, RRIFs, TFSAs and insurance with a named beneficiary
- Assets already given away during the will-maker's lifetime
This is the single most important thing on this page. An estate can be emptied before anyone dies, entirely legally, simply by how the assets are titled. A will can then be varied and there is nothing left in it to vary. If you are trying to understand what happened in your own family, start by finding out how the house was held, not by reading the will. See how property passes at death in Canada for how that mechanism works.
What are the odds of succeeding?
There is no honest percentage to give, and anyone quoting one is guessing. What can be said is that these claims are fact-driven, that most are resolved by negotiation or settlement rather than a trial judgment, and that outcomes turn on things like the size of the estate, the length and cause of any estrangement, contributions made to the will-maker's life or assets, the needs of each claimant, and whether the will-maker had reasons a court would consider valid and rational.
A short estrangement the parent caused reads very differently from a long one the child caused. Courts look at why, not just at what.
If you think this applies to you
- Find out whether a representation grant has been issued, and on what date. That date starts the 180 days.
- Get a copy of the will and the probate filings.
- Find out how the major assets were legally held, especially real property.
- Write down the history while you remember it: contributions, promises, care given, when contact changed and why.
- Speak to a BC estate litigation lawyer early, well inside the 180 days, even if you are unsure whether to proceed.
This is general information, not legal advice. It describes British Columbia law only and does not apply elsewhere in Canada. Statutes are amended, deadlines are strict, and the outcome in any estate depends on facts this page cannot know. Speak to a lawyer licensed in British Columbia before acting on anything here.