If you feel unfairly treated by the division of assets from your loved one’s or parents’ estate, take heart.
Their will, outlining who receives what, is not always the end of the story.
That’s the message from lawyer Anthony Eden, who works for the law firm Hammerco, which practices in the area of estate litigation.
In British Columbia, there is a specific piece of legislation called the Wills, Estate and Succession Act which allows for a process called “wills variation”.
“It allows children (including those who have been adopted) and spouses to bring a claim to vary a will if it doesn’t make just, adequate, or equitable provision for them,” Eden explains.
The provincial law is one of few left in Canada of its kind. It was originally established to protect vulnerable individuals who may have been disinherited for religious beliefs, sexual orientation, or even spitefulness of a spouse or parent.
“It was intended to keep people off the dole, and it has evolved over time thanks to contemporary community standards,” Eden says. “That provides for, say, the black sheep in a family who may have followed a different path than their parent’s wishes and should not have been disinherited for situations such as sexual orientation or even preference of male children over females.”
That last instance is of keen concern given Canada’s cultural mosaic.
“In this country, it is a standard that we treat everyone equally,” Eden says, adding the wills variation provisions of the Wills, Estate and Succession Act is a way for the courts to get involved with someone’s estate after they pass away and ensure fairness to those specified individuals.
“At the same time, the courts don’t interfere in cases like this lightly,” Eden says.
While the Act is unique to B.C., that doesn’t mean the pursuit of legal avenues for fairness and equity in estates doesn’t exist elsewhere. They just come with slightly different headings.
They include cases where undue influence over composing a will, unjust enrichment resulting from an estate’s provisions, or diminished capacity of a willmaker has been alleged.
“Those cover instances when a will variation is not applicable and ultimately allows for fairness,” Eden adds.
Overall, estate litigation incorporates a blend of legal principles, which Eden and Hammerco have vast experience with when representing clients.
“The provisions in a will are not always the end of the story,” Eden says, adding Hammerco offers free consultation, as well as the opportunity, in some cases, for assistance on a contingency basis that does not incur fees unless a claim is successful.
For more information about how Hammerco’s team can help with your estate litigation matter, visit their website at hammerco.ca.
