Legal Remedies for Disinherited Family Members

Being excluded from a will can be an emotional and challenging experience, especially for close family members who believe they were unfairly left out. In British Columbia, the law provides certain remedies for spouses and children who have been disinherited, allowing them to challenge a will under specific circumstances. At Linley Welwood, we understand how important it is to be informed about your options in these situations. That is why we have outlined some legal remedies for disinherited family members.

Learn more about what happens if you are disinherited.

How Disinherited Family Members Can Seek Legal Remedies

British Columbia’s wills and estates laws outline specific avenues for contesting a will. While every case is unique, there are common approaches that can help ensure fairness is maintained in the distribution of an estate.

Challenging a Will Under the Wills Variation Provisions

In British Columbia, the Wills, Estates and Succession Act (WESA) allows a spouse or child of the person who has passed away to ask the court to change a will if they believe it does not provide enough for their care and support. The court will look at both the legal and moral responsibilities the deceased had toward these family members.

Proving Lack of Capacity or Undue Influence

If there is evidence that the will-maker lacked the mental capacity to understand their actions when creating the will, or that they were pressured or coerced by another person, the will may be contested. Establishing undue influence or incapacity typically requires strong supporting evidence, such as medical records or witness testimony.

Negotiating a Settlement Through Mediation

Not all disputes need to be resolved in court. Mediation can provide a less adversarial and more cost-effective way to reach an agreement among family members. A mediator facilitates discussions and helps parties work toward a solution that addresses everyone’s concerns.

Acting Within Time Limits

British Columbia law sets strict timelines for bringing a wills variation claim. In most cases, an application must be filed within 180 days from the date the grant of probate is issued. Using a lawyer is important because they can ensure critical timelines are adhered to and your claim is properly handled from start to finish.

At Linley Welwood, our lawyers are experienced in navigating the complexities of wills and estates disputes. Contact us today to learn more about your options if you have been disinherited.