In British Columbia, our courts have the power to vary a will that does not make adequate provision for the deceased spouse and children. The Wills Variation Act has been interpreted to mean that a deceased must morally provide for their spouse and children, and if the court is of the opinion the will does not adequately provide for the proper maintenance and support, the court has the power to vary the will.
Most people are surprised to learn that a will drafted to reflect the intentions of the deceased may be altered by the court. If you are going to have a will drafted, please seek the advice of one of Mair Jensen Blair’s experienced estate lawyers to try to ensure your wishes are clear and to minimize the chance a court may vary your intentions as it relates to your assets.
If you feel you have not been properly provided for after the death of a parent or spouse, it is important to seek legal advice quickly. The Wills Variation Act has a very short limitation period, being 6 months after probate is issued. If you have questions or concerns about a will, please contact one of Mair Jensen Blair’s experienced estate lawyers.