Implications of Wills Variation on Estate Planning

A well-prepared will is essential for ensuring that your estate is distributed according to your wishes; however, in British Columbia, certain individuals may apply to have a will varied if they believe they have been unfairly disinherited or inadequately provided for. This legal process can significantly impact estate planning, making it crucial to understand how wills variation works. As experienced lawyers in Abbotsford, BC, Linley Welwood provides guidance on estate planning to help individuals navigate potential challenges. That is why we have gathered essential information on the implications of wills variation on estate planning.

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Potential for Legal Challenges

In British Columbia, the Wills, Estates and Succession Act (WESA) allows a spouse or child of the deceased to apply for a wills variation if they feel the distribution is unfair. Challenging a will through a variation claim can lead the court to alter its terms, redistributing assets in a manner it deems just. This can create uncertainty for beneficiaries and may result in prolonged legal proceedings.

Impact on Estate Distribution

A wills variation claim can significantly alter the way an estate is divided. Even if a will outlines specific instructions, the court has the authority to override them to provide what it considers adequate, just, and equitable support for the claimant. This can affect intended beneficiaries, particularly in cases involving blended families or estranged relatives. One of the key reasons to make a will is to clearly communicate your wishes and reduce the potential for disputes like these.

Increased Costs and Delays

Disputes over wills can lead to costly legal battles, draining estate assets and delaying the distribution process. Executors may face challenges in administering the estate while the claim is being resolved, adding stress for all parties involved. Proper estate planning can help mitigate these risks by addressing potential concerns in advance.

Proper estate planning is important to ensure that your wishes are respected while minimizing legal challenges. At Linley Welwood, our lawyers provide comprehensive estate planning services to help you create a legally sound will that reduces the risk of disputes. Contact us today to learn more about how we can assist with your estate planning needs.