Estate litigation lawyers use part of the Wills Estates and Succession Act (or WESA, formerly the Wills Variation Act) when varying wills. In British Columbia, wives, husbands and children are protected from their parents or spouses writing wills and leaving their assets in a way that offends contemporary community standards.
Section 60 of WESA (formerly Section 2 of WVA) says,
Despite any law or enactment to the contrary, if a will-maker dies leaving a will that does not, in the court’s opinion, make adequate provision for the proper maintenance and support of the will-maker’s spouse or children, the court may, in a proceeding by or on behalf of the spouse or children, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the will-maker’s estate for the spouse or children.
Section 60 of WESA balances two important principles:
A spouse or child has 180 days from the date of probate to challenge the will (which is also known as varying wills), a deadline that is strongly enforced.
If you or someone you know has been disinherited and would like information about varying their parent or spouse’s will, be sure to contact us at 604-264-5550 or email@example.com for a free claim evaluation.