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The Wills Variation Act of British Columbia: Myths and Facts |
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It may come as a surprise to many, but the Wills Variation Act of British Columbia (the "Act") affects what you can say in your Will. The purpose of this article is to answer several of key questions about the Act so you can avoid expensive legal challenges to your Will.
1. Who can challenge my will under the Act?
Only spouses (including common-law spouses) and children have the right to make Wills Variation Act claim. The definition of children includes both natural and adopted children. Step-children cannot bring a claim under the Act.
2. Can my adult children contest my Will if they are self-supporting?
Any child can contest a parent's Will, whatever their age. To be successful, the child must convince the Court that "adequate provision for the proper maintenance and support" was not made for that child in your Will. While this test will be easier to meet in the case of minor and disabled adult children, there are numerous cases in which self-supporting adult children have been successful in contesting a parent's Will.
3. If I give someone a small bequest in my Will, can they still contest my Will?
Again, the test is simply whether you have made "adequate provision for the proper maintenance and support" for your spouse and children. Making a nominal bequest to a spouse or child does not necessarily satisfy your obligations under the Act.
4. If I am separated from my spouse, can he or she contest my Will?
If you were legally married, and the marriage has not been ended by a divorce or legal separation, your spouse still has the right to make a claim under the Act.
The Wills Variation Act is only one of many issues you must consider when making your Will. The key is to get professional advice when you make a Will, as it may be difficult or impossible to fix any problems after your death. |
