In life, we plan, we protect, and we hope to leave something meaningful behind. But what happens when those plans are questioned?
For many families, the reading of a will is supposed to be a moment of closure—a legal expression of love, legacy, and provision. Yet, for some children and spouses, that moment becomes the start of a legal battle, as they are either left out of a will or inadequately provided for. In these cases, a wills variation claim may be the only path to justice.
Understanding Wills Variation Claims: A Necessary Legal Remedy
A wills variation claim is a legal process that allows certain individuals to challenge a will if they believe they were not adequately provided for. In most jurisdictions like British Columbia, Canada (under the Wills, Estates and Succession Act or WESA), only the spouse or children of the deceased have the right to file such a claim. But here’s where it becomes critical to act, especially if you’re a child or spouse who feels neglected:
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Children and spouses are not treated equally under the law.
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Timing is everything—there are strict deadlines.
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The emotional weight is enormous.
For Children: Emotional Bonds and Legal Rights Don’t Always Align
Children, including biological and adopted (but not stepchildren unless legally adopted), may find themselves omitted from a will, sometimes completely. This could be due to estrangement, favoritism, or misunderstanding. But the law doesn’t automatically protect them as it does for spouses. Courts consider:
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The nature of the relationship between parent and child
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Contributions made by the child to the parent’s welfare or estate
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Whether the parent had legal or moral obligations toward the child
Unlike spouses, children must prove a higher burden—that the will fails to meet adequate, just, and equitable standards.
👉 If you are a child left out of a will, time is running. You need to act fast and seek legal advice.
For Spouses: A Stronger Position in the Eyes of the Court
Spouses—whether married or in a common-law relationship—are afforded more robust protections. The law tends to recognize that marriage or long-term partnerships imply economic interdependence. When a spouse is left out or under-provided for, the court evaluates:
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Financial dependency and shared contributions during the relationship
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The length and nature of the relationship
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The existence of joint assets or prior agreements
👉 As a spouse, if the will unjustly leaves you with less than your fair share, you have a powerful voice to challenge it. Don’t remain silent.
Act Now: Wills Variation Claims Are Time-Sensitive and Emotionally Charged
This isn’t just about assets—it’s about dignity, fairness, and legacy.
If you are a spouse or child who has been overlooked, you typically have only 180 days from the probate of the will to file your variation claim. Miss this window, and your voice may never be heard in court.
The emotional toll of these cases can be immense. These are not just legal processes—they are personal journeys involving grief, history, family politics, and often betrayal. It is essential to move forward with a lawyer who understands both your rights and your pain.
Don’t Wait for the Silence to Settle. Speak Now.
You are not challenging the memory of a loved one; you are standing up for what is just and what is right. Families are built on promises. If those promises have been broken—by omission, mistake, or malice—you owe it to yourself to seek redress.
This is not about greed.
It’s about closure. It’s about truth. It’s about your future.
