Providing Guidance To Disinherited Children And Spouses

The Wills, Estates and Succession Act specifies that only disinherited children and spouses can challenge and try to vary the terms of a will.

McLellan Herbert, Barristers & Solicitors has helped clients navigate will matters throughout the Vancouver area, the North Shore, the Lower Mainland and the Fraser Valley for some two decades.

Helping Clients Navigate Through The Claims Process

Under the Wills, Estates and Succession Act, "child" and "spouse" are broadly defined.

The definition of "child" includes:

  • Both infant and adult children
  • Illegitimate children and adoptees

The definition of "spouse" includes:

  • Married spouses
  • Common-law spouses
  • Same-sex spouses

Only a child or spouse of the deceased can apply to the court to vary the deceased's will under the Wills, Estates and Succession Act. Once that happens, however, others named in the will as beneficiaries are joined as defendants.

Knowing When To Make A Claim

A will can be varied if it does not adequately provide for the proper maintenance and support of the claimant. It is difficult, but not impossible, to validly disinherit a spouse or a child.

It is crucial to note that in these proceedings, as elsewhere under the Wills, Estates and Succession Act, a party has 180 days from the grant of probate to make a claim. It is essential to have knowledgeable, experienced lawyers to deal with such deadlines and other procedural obstacles.

Book An Appointment Today

If you are a disinherited child or spouse, a will challenge under the Wills, Estates and Succession Act can be a daunting prospect. The Vancouver lawyers of McLellan Herbert have the experience and skill to guide you through the process.

Contact them online or call 604-901-5186 or 800-449-4858 to set up an initial consultation. Office hours are 8:30 a.m. to 4:30 p.m. by appointment. Hospital and home visits can be arranged.