ESTATE LITIGATION
Heath Law LLP provides guidance and advice under the Wills, Estates and Succession Act of British Columbia (“WESA”). When someone creates a Will, they have a wide latitude to provide in their Will as they see fit. However, by virtue of WESA, a Will-maker’s testamentary freedom is subject to certain moral and legal obligations. Legal obligations are those obligations which the law would impose on a person during his or her lifetime. Moral obligations are society’s reasonable expectations of what a judicious person would do in the circumstances.
In British Columbia, due to WESA, it is expected that the provisions of a Will reasonably align with these obligations. In the event that the provisions of a Will do not reasonably align with the above obligations, certain beneficiaries (i.e., spouses or children of the Will-maker) can apply to vary the Will. WESA has strict timeframes and rules as to who is able to vary a Will. An applicant wishing to vary a Will must bring a legal claim within 180 days after Probate of the Will.
Some factors a Court will consider in deciding whether to vary a Will include:
- The financial need of the applicant;
- Whether the applicant is under a disability;
- The relationship between the Will-maker and the applicant;
- The standard of living the applicant is accustomed to;
- Gifts made to the applicant during the Will-maker’s lifetime; and
- Any reasons the Will-maker had for disinheritance.
If you are a spouse or child of decedent and feel that the Will did not treat you fairly, our lawyers will advise you on whether you can make a Wills variation claim. If you decide to engage our firm to assist you with a claim, we will be there from beginning to end. We understand that the passing of a loved one and the grief that follows is a very difficult time.
If you are an Executor appointed by the Will-maker to administer an Estate and fulfil his or her final wishes our lawyers can assist you if a Wills variation claim is made.
In addition to Will variation claims, there are circumstances in which the Will itself may be invalid due to undue influence or lack of testamentary capacity in which case the Will shall be deemed void and the assets will be distributed in accordance with either a previous Will or intestacy provisions.
Contact Heath Law LLP for any of the following estate litigation services:
- Making or defending Wills variation claims;
- Making or defending challenges to the validity of a Will; and
- Making or defending claims against Executors or Trustees.