Will Variation
Will Variation
In British Columbia, a person’s freedom to distribute their estate as they wish is not absolute. If a will fails to make adequate provision for the proper maintenance and support of a spouse or child, the Supreme Court of British Columbia has the authority to vary that will under section 60 of the Wills, Estates and Succession Act (WESA).
What Is a Will Variation Claim?
A will variation claim is a legal action brought by a spouse or child of a deceased person, requesting the court to vary the terms of a will on the grounds that it does not provide adequate, just, or equitable support.
Under section 60 of WESA, the court may order a redistribution of the estate if it finds that the testator failed to fulfill their moral and legal obligations to their spouse or children.
How Pax Law Corporation Can Help
Will variation litigation is complex and emotionally sensitive. Our experienced estate litigation team will:
Assess the strength of your claim or defence
Gather and present relevant evidence, including financial records, medical opinions, or witness statements
Engage in negotiation or mediation to resolve disputes outside of court when possible
Represent you in Supreme Court proceedings where necessary
Ensure that all timelines and procedural rules are followed precisely
Whether you are seeking your rightful share of an estate or defending a will against a challenge, we provide skilled, compassionate, and effective legal representation.
Book a Consultation Today
If you are considering a will variation claim or defending a will under section 60 of the Wills, Estates and Succession Act, Pax Law Corporation can assist with will variation matters before the Supreme Court of British Columbia. Please complete the form below to request a consultation.