As estate litigation lawyers in Auckland Columbia, we frequently encounter clients grappling with the emotional and legal ramifications of being disinherited from the will in BC.
It’s a situation that brings a mix of surprise, hurt, and confusion, often leaving individuals feeling lost and unsure of their next steps. In our experience, these cases highlight the complexities of family dynamics and the importance of understanding one’s rights and options. In this article, we share insights, experiences and examples to help you navigate the challenging terrain of being disinherited. We hope this offers guidance and support for those seeking clarity and resolution.
Disinherited From The Will In BC
Can A Will Maker Leave Their child out of a Will in BC?
A Will Maker may disinherit a child or children for various reasons including:
- estrangement,
- lack of need by the child or
- another child being in greater need.
A will that absolutely disinherits a child will likely result in the child asking the Court to change their parent’s will such that the will provides something for them. This is called a Wills Variation Claim.
In cases where you have been completely left out of a will, it is best to speak to a Estate Litigation Lawyer to find out what your rights and obligations are, including time limitations for filing a claim.
I Was Estranged From My Parents. Can I Challenge Their Will?
Estrangement takes various forms including:
In these situations, the Court will analyze the will maker’s role in the relationship breakdown as it is a factor relevant to determining if the will maker has a moral obligation. Where the will maker is at fault for the relationship breakdown, the Court has found this to enhance their moral obligation to their child.
In Jung v. Poole Estate, 2021 BCSC 623,
- the will maker disinherited from the Will in BC his twin daughters and left his assets to his friends
- the will maker and the twins’ mother dated but never married or lived together
- the mother raised the twins on her own and with no financial assistance
- the mother passed away when the twins were 4 years old
- the mother’s will named 2 individuals as guardians and a legal battle between the guardians and the will maker began
- the will maker met the twins and developed a positive relationship however, the Court favoured the guardians and provided the will maker with generous parenting time
- the will maker chose not to exercise any parenting time or provide financial assistance
- in his will, the will maker stated as the reason for disinheriting the twins
“… they have not made any efforts to see me, contact me or even make me aware of their circumstances as they may be from time to time …”
- The estate was worth approximately $880,000 and $70,000 passed to the will maker’s friends outside of the estate.
In the end, the Court found the will maker was solely to blame. The will maker was upset at the outcome of the legal battle and as a result, chose to ignore the twins. Rather than acknowledging that he ignored the twins during their first 4 years of life and then failed to follow through on statements made during the legal battle that he wanted to be a part of their lives, he blamed the twins for the estrangement in his will.
The Court found the will maker had a strong moral obligation to the twins and they should not have been disinherited from the Will in BC. The Court changed the will to provide 35% to each of the twins.
What is the Test for Challenging my Disinheritance?
The will must meet the test of “adequate, just and equitable”, meaning a will maker’s legal obligations and moral obligations are satisfied:
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- Legal obligations refer to responsibilities that the law would impose on a person during their lifetime. Specifically, a person has a legal duty to support their spouse and minor children.
- Moral obligations refer to moral duties that society reasonably expects from a judicious person in the circumstances by reference to contemporary community standards.
Can a Step Child Challenge a Will Based on Being Left Out of the Will?
Step-children are not able to ask the Court to change their step parent’s will.
My Parent Died Without a Will, What do I Get?
This area of law is a bit complex and we have a full article on a parent dying without a will.
Choosing YLaw means having a team that truly understands the emotional weight of being disinherited. We’re here to listen, support, and guide you every step of the way. With our experience and compassionate approach, we’ll help you find the best path forward. Call us at 604-974-9529 or get in touch for a FREE consultation.
Author: Raman Dahia – an experienced estate litigation lawyer at our YLaw – Surrey branch.
