How to Avoid a Wills Variation Claim

Wills | August 29, 2019

Knowing how to avoid a wills variation claim can help prevent your family from having to deal with a stressful situation after your death. At Linley Welwood, we understand how important it is to take preventative steps against wills variation claims when doing your estate planning. That is why our team of wills, estates, and trusts lawyers will work closely with you to make sure that your estate is as up to date and accurate as possible.

Everything you need to know about BC’s Wills, Estates, and Succession Act. 

What is a Wills Variation Claim?

A wills variation claim allows a child or spouse to seek an adaptation of a will in order to provide fairer results. In most cases, a wills variation claim is made when a spouse or child feels that they are not receiving a fair share of the estate or that they are not being properly provided for.

Ways to Avoid a Wills Variation Claim

In order to prevent your family from having to go through a lengthy, costly, and emotionally draining process, you can take the following preventative steps to help avoid a wills variation claim:

1. Have a Lawyer Draft Your Will

The best step that you can take to avoid a wills variation claim is to draft your will with the help of an experienced lawyer. Since there can be many issues that arise when writing a will, working with a reputable lawyer who knows the latest case law related to wills variations will help prevent any potential conflicts in your will.

2. Talk to Your Family About Your Estate Plans

Before writing your will, it is important to take the time to talk to your family about the directives you will be leaving. Discussing your plans ahead of time will allow family members to share their opinions and concerns with you. Make sure to talk to everyone that you plan on including in the will, as well as to anyone that you plan on excluding.

Learn more about wills variation in BC.

3. Set Up a Living Trust

Since a living trust is established before a will takes effect, the assets in the trust will not be considered a part of your estate once you die. This means that the assets in the trust cannot be contested in the same way as an estate.

4. Make Regular Updates to Your Will

Keeping your will as up to date as possible will drastically reduce the chances of a wills variation claim in the future. Make sure to update your will after every major life event, such as a marriage, divorce, birth of a child, or acquiring new assets.

Find out how to apply for wills variation. 

If you would like to learn more about how to avoid a wills variation claim, or if you are interested in our legal services for wills, estates, and trusts, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.

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