In British Columbia, a person’s freedom to distribute their estate as they wish is not absolute. If a will fails to make adequate provision for the proper maintenance and support of a spouse or child, the Supreme Court of British Columbia has the authority to vary that will under section 60 of the Wills, Estates and Succession Act (WESA).

What Is a Will Variation Claim?

A will variation claim is a legal action brought by a spouse or child of a deceased person, requesting the court to vary the terms of a will on the grounds that it does not provide adequate, just, or equitable support.

Under section 60 of WESA, the court may order a redistribution of the estate if it finds that the testator failed to fulfill their moral and legal obligations to their spouse or children.

How Pax Law Corporation Can Help

Will variation litigation is complex and emotionally sensitive. Our experienced estate litigation team will:

• Assess the strength of your claim or defence
• Gather and present relevant evidence, including financial records, medical opinions, or witness statements
• Engage in negotiation or mediation to resolve disputes outside of court when possible
• Represent you in Supreme Court proceedings where necessary
• Ensure that all timelines and procedural rules are followed precisely

Whether you are seeking your rightful share of an estate or defending a will against a challenge, we provide skilled, compassionate, and effective legal representation.

If you believe a will has treated you unfairly or you are defending against a will variation claim, contact us today at (604) 767-9529 or click here to schedule a consultation. We offer strategic advice and legal support to help you protect your rights and achieve a just outcome under BC law.