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Things to Consider Before Filing a Wills Variation Claim

Wills, Wills Variation | April 15, 2021

Filing a wills variation claim can be stressful and difficult, especially if you are unsure of what information you need. There are several important things to consider before filing a wills variation claim. At Linley Welwood, we offer complete legal services for wills, estates, and trusts. That is why our experts have compiled a list of important considerations for wills variation claims. Knowing these considerations before filing a claim will ensure that you are better prepared for the process of varying a will.

Learn how to apply for a wills variation claim.

Important Considerations for Wills Variation Claims

A wills variation claim can be applied for by a child or spouse of a testator (the now-deceased creator of the will) who feels that the will did not adequately provide for them. They can seek to have the will  varied through the approval of  the court, but the court will consider  several factors when making their decision including:

  • The relationship between the testator and the spouse or child.
  • Any promises made between the testator and the spouse or child.
  • Misconduct of the spouse or child towards the testator.
  • The type of support given to the spouse or child during the testator’s life.
  • The size of the estate.
  • The needs of the spouse or child.
  • The intentions of the testator.
  • Competing claimants and other beneficiaries.

A wills variation lawyer will work with you to determine if there are grounds to pursue such a claim . Our experts will also work with you to navigate common issues encountered during wills variation claims.

Common Issues Encountered During Wills Variation Claims

Wills variation claims can be complicated, emotionally charged, and difficult to navigate. This means that there are several common issues to navigate. The team at Linley Welwood will help you navigate each of the following issues and grey areas during the wills variation claim process:

  • “Adequate provisions” or “adequately provided for” are vague and broad terms with a large range of fluidity. What is considered adequate will vary greatly with each case.
  • To what extent (period of time and level of commitment) should a court consider gifts made by the testator during their lifetime?
  • What if the individual named as executor is also a beneficiary and wishes to vary the will for their own needs? What if they are happy but need to defend against a claim from an unhappy beneficiary?
  • Did the testator give clear reasons for giving certain gifts or not making adequate provisions for their children or spouse?
  • What if all parties cannot agree that the applicant qualifies as the testator’s spouse?

Wills variation claims can quickly become messy and difficult to navigate. To ensure that you have the information and support you need, reach out to the experts at Linley Welwood through our online contact form or by phone at 604-850-6640.


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