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ARTICLE · 23 MAY 2025

Ensuring Lasting Legacies: Navigating Wills Variations In BC

Boughton Law
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At its core, "wills variation" in BC provides an avenue for spouses and children of a deceased person who left a Will to contest the distribution of an estate if they believe it is inequitable.

CanadaFamily and Matrimonial
The Honourable Wally Oppal, K.C.
The Honourable Wally Oppal, K.C.
Rose Shawlee
Rose Shawlee
Richard R.E. DeFilippi
Richard R.E. DeFilippi
Lauren B. Morris
Lauren B. Morris
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What is Wills Variation

At its core, "wills variation" in BC provides an avenue for spouses and children of a deceased person who left a Will to contest the distribution of an estate if they believe it is inequitable. Specifically, section 60 of the Wills, Estates and Succession Act (Br

itish Columbia) (the "WESA") creates a legislative remedy for spouses and children to ask the court to change the distributive provision of a Will in their favor where they feel that the Will fails to make adequate, just, and equitable provision for them.

The WESA is a significant piece of legislation aimed at promoting fair distribution of assets to spouses and children. The inception of the WESA's predecessor legislation, the Wills Variation Act (British Columbia) was materially

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