Can Someone Challenge the Will in BC? Wills Variation Explained

British Columbia is unusual: even a clearly-written, properly-signed will can be changed by a court if a spouse or child feels it didn't provide for them fairly. It's called a wills variation claim, and if you're an executor in BC, it's the single most important risk to understand before you distribute anything.

What a wills variation claim is

Under BC's Wills, Estates and Succession Act (WESA, section 60), a spouse or child of the will-maker can ask the BC Supreme Court to vary the will if it doesn't make "adequate provision" for them. The court can rewrite how the estate is divided based on what it considers the deceased's legal and moral obligations.

This is broader than most provinces and US states: in BC, adult, independent children can bring a claim — not just minors or dependents.

Who can claim — and who can't

• Can claim: a spouse (married or, in many cases, common-law) and the will-maker's children (including adult children, and in some cases stepchildren who were adopted).
• Generally cannot claim: grandchildren, siblings, friends, or other relatives — wills variation is limited to spouses and children.

The deadline that matters most

A wills variation claim must be started within 180 days of the grant of probate being issued, and the claimant must serve it shortly after. This is exactly why experienced executors do not distribute the estate too quickly — if you pay everything out and a valid claim lands within that window, you can be left exposed.

What to actually do: after the grant issues, wait out the claim period (and confirm no claim has been served) before distributing, or distribute only with legal advice. Don't let beneficiaries pressure you into an early payout.

What courts look at

The court weighs the will-maker's legal obligations (e.g., to a spouse or dependent child) and moral obligations (what a reasonable person would consider fair in the circumstances), against any valid reasons the will-maker had for the distribution. Outcomes are fact-specific — which is why these are rarely worth fighting without advice on both sides.

If you're the executor

• Don't rush distribution. Respect the 180-day window.
• Keep meticulous records and stay neutral — your job is to defend the will and act for the estate, not to take sides.
• Get legal advice early if a spouse or child has expressed unhappiness, hints at a claim, or was left out or treated unequally.

If you think you were unfairly left out

If you're a spouse or child who believes the will didn't provide for you adequately, the clock is short (180 days from probate) — talk to a BC estate litigation lawyer quickly to understand whether you have a claim.

→ Find a BC estate lawyer experienced in wills variation: https://foxglove.estate/bc

Foxglove is a guide, not a law firm. General information about BC wills variation (WESA s.60), not legal advice; deadlines and eligibility are strict and fact-specific — speak with a qualified BC lawyer about your situation.