Is It Possible to Disinherit Your Child in Vancouver?
Under certain conditions, it is possible to disinherit your adult child from your Will in Vancouver. However, you must have valid and sound reasons for this action. If the reasons for disinheritance are not considered valid and rational, your child can dispute your Will and possibly have it altered or changed entirely.
The B.C. Wills Variation Act stipulates that a child of a deceased person has the right to dispute their parent’s Will. When presented to the court, the dispute is evaluated as to whether it is valid. If the Vancouver courts feel the rights of the disinherited child were violated and the parent’s reasons were invalid, they could deem the dispute reasonable and sound.
In Vancouver, to legally disinherit your child, valid and provable evidence must be used, such as a record of abuse or valid proof that you have had no contact or relationship with the child for an extended period.
However, this process is usually legally challenging. If you want to disinherit a child, you must seek the professional legal advice and guidance of a Vancouver estate litigation and planning lawyer.
Additionally, any reasons rooted in the child’s basic morality, such as how they live or who they marry, are usually not deemed valid by the B.C. courts, and they will side with the child disputing your Will.
What Are Some of the Rights of a Child Regarding Will’s or Inheritance?
A Will can be a powerful legal document. It provides the will-maker with a firm and legally valid means to express their final wishes for the placement of their assets, property, and much more. Estate law in Canada is very strict about following the principle of “testamentary freedom,” which gives all people the right to deal with their estate assets and property as they see fit.
However, in some instances, if a parent wants to keep an adult child out of their Will, they commonly have the right to do so. However, this should never be done on your own. If you want to disinherit a financially independent adult child, seeking competent, experienced, and compassionate legal advice before moving forward is wise and highly prudent.
Adult children, even if they have been independent for some time, have substantial rights under Canadian law. Therefore, attempting to disinherit your child must be well documented and include items such as a rift in the relationship, estrangement, previous gifts or financial assistance already bestowed upon the child, etc.
So, How Can a Child Left Out of Their Parents Will Contest It?
Under British Columbia’s WESA regulations, a child or an adult child has the right to apply to the court to vary a will if they believe it does not make adequate provision for their maintenance and support.
British Columbia’s Wills, Estates, and Succession Act (WESA) gives the B.C. court full power to modify a will if it does not, in their opinion, adequately and sufficiently provide for the proper maintenance and support of the will-maker’s child or their spouse.
However, under B.C. laws, to have the valid legal right to contest a Will, you must be one of the following people or relatives:
- The deceased person’s spouse, which includes legally married spouses and common-law partners with whom the deceased has lived for at least two years.
- Either a biological or adopted child of the deceased.
- An individual who previously was financially dependent on the deceased.
- Beneficiaries of a current or previous Will.
- Creditors, including individuals or institutions to which the deceased owes debts and more.
Even if an adult child has been disinherited and the current Will leaves them no part of the estate, they can contest the Will.
A Will can also be contested if the adult child’s share is insufficient based on their financial needs or current circumstances.
In these delicate situations, the B.C. courts consider many factors, such as the adult child’s financial needs, the nature of their relationship with the deceased, the reason for their disinheritance, the size of the estate, and more.
You also must note that if you are contesting a Will with an application under Section 60, time is not on your side. You must initiate the process within 180 days from the date that probate or administration of the Will is issued.
Not meeting deadlines is a standard error that could result in the complete loss of your right to contest the Will; this is another critical reason that professional, diligent, and well-versed legal guidance is invaluable to navigating this already challenging legal path.
Are There Moral and Legal Obligations Regarding a B.C. Will?
Legal obligations refer to duties that B.C. law imposes on you during your lifetime, which usually continues after your death using a Will. These legal obligations are strictly adhered to and usually take priority in any court decision that varies a Will.
Simply put, some of these legal obligations are:
- As a will-maker, you must always ensure adequate financial support for a child under 19 or who may be financially dependent due to a disability, etc.
- If you fail to do this, the court could rule in your child’s favor and vary your Will to care for the child.
- These laws also require that you provide for your spouse’s proper maintenance and support. They apply to married spouses and common-law partners.
Moral obligations are vague and less defined but still vitally important to the Vancouver court. These laws attempt to reflect what society would expect a person to do based on just and contemporary standards.
It’s true that although your child is not automatically entitled to an inheritance, courts will always usually consider their relationship with you (as the Will maker) and all the financial circumstances involved.
For example, if your adult child is disabled or facing financial difficulties, they may have a stronger claim than a more financially secure child.
In Vancouver, the courts always consider the valid needs of all beneficiaries, such as a surviving spouse and adult children. Additionally, if your estate is large, ideally, the court will address the moral claims of all beneficiaries, even if they are financially secure and independent.
I’m a Disinherited Child in Vancouver and Must Contest a Will; How Should I Proceed?
Contesting a standing Will in Vancouver is a challenging legal task. If you want the best outcome for yourself and your loved ones, you must have skilled, diligent, knowledgeable, and highly professional legal guidance.
Working with an estate lawyer who is well-versed in estate litigation is the best way to ensure whether you can claim an inheritance from your parent’s estate and if taking formal legal action serves your best interests, both personally and financially.
The estate litigation lawyers at Lam Legal Trial Lawyers have a winning history of professionally and compassionately handling all types of estate litigation cases. They are highly adept at managing Will variation claims and other disputes that involve executors and trustees.
Call them today at (604) 800-0774 for a free consultation on your unique case. You will get the passionate, thorough, and professional legal guidance your case needs to succeed.
