At LawOne we get  occasional calls from relatives of deceased persons who feel they have been unjustly denied a bequest or benefit under a will.  If this is your situation it’s useful to consult a lawyer who practices in wills, estates and trusts law and has experience with estate litigation.  An experienced lawyer can tell you (probably by phone) whether you have grounds to challenge a will and what the result will likely obtain. Lawyer David Greig, a partner at Greig, Wilson & Rasmussen LLP, handles estate litigation cases. He takes these free inquiry calls regularly, and says the good news is that you may have some options under BC law if you have been left out of a relative’s will. David notes that,

In British Columbia the law allows the BC Supreme Court to intervene in some cases, and “rewrite” an unfair will.  If the deceased made a will which does not adequately provide for a spouse or child, the Court may be able to correct the will, and make an Order that compensates the forgotten or mistreated family member.

This law comes from a BC statute called the Wills Variation Act.  And while it does provide some options be aware that it also requires the challenger to take action within six (6) months.  Obtaining early advice is key.

In addition, David says it is important to understand that the relief provided under the Wills Variation Act is limited to spouses and children—it is of no assistance to grandchildren, nephews, sisters, or others.  Also, the law empowers the court to make adequate provision for the forgotten family member from the estate.  Therefore, if the deceased transferred his or her property away before death, or owned assets jointly with others (so that the assets never became part of the estate), the court may not be able to reach the assets under this law.  In such circumstances, the court may, instead, grant equitable relief (under “trust” law) to achieve a fair division.  It’s a complicated area of law, but easily explained by an experienced wills and estates lawyer when the facts are known.

The wills, trusts and estates lawyers at Greig, Wilson & Rasmussen LLP, have been assisting families with Wills Variation cases for over 15 years.  So, if you want to know if the treatment you received in the will of your late parent or spouse is “adequate” in law, call for a free consultation. You may find you can get the answers to your questions by phone, or in the first (free) interview.  You can contact David Greig or Mary-Jane Wilson at (604) 583-7917, or reach them through their website: www.gwrlawyers.com