Wills Variation Claims

When a person dies and leaves behind a Will, normally their Estate is distributed according to the terms of their Will. However, if the Will fails to make adequate provision for the proper maintenance and support of the deceased's dependants (usually a spouse and children), the court has the power to vary the terms of the Will to give the dependants a larger share of the Estate.

The court considers many factors when deciding whether to vary a Will in these circumstances, including the size of the Estate, the nature of the relationship between the claimant and the deceased, the deceased's reasons for favouring some beneficiaries over others, and many other factors. These cases can be complex when blended families are involved.

There is a relatively short time deadline (called a "limitation period") to start a Wills Variation lawsuit. Anyone who is considering this type of claim should consult a lawyer immediately.

Andrew handles wills variation claims. Like other types of wills and estates disputes, these claims can be emotionally difficult for all concerned. Andrew works towards resolving the dispute without going to court when it is possible to do so. But if going to court is the right step, then Andrew will take the case to court to ensure that his client's interests are protected.


Important NoteThe foregoing is general legal information only, based on the law of British Columbia. Readers should consult a lawyer to obtain specific legal advice about their particular situation.

Your Prince George and northern BC Lawyer and Mediator.

Contact Andrew Kemp