The loss of a loved one is a deeply emotional experience, and reading their will can add further complexities to the grieving process. For some, the distribution of the estate may feel unfair or unbalanced, leaving you to wonder: What can I do if my inheritance doesn’t reflect what I expected?

Read along as a Wills and Estate expert here at CBM, Scott Payne, offers his insights into the steps you can take if you believe an inheritance is unbalanced.


Your Rights to Challenge a Will in British Columbia

In British Columbia, spouses (including common-law partners) and biological or adopted children of the deceased have legal grounds to challenge a will. Under the Wills, Estates and Succession Act (WESA), you can apply to the Supreme Court to request that the will be varied if it does not provide “adequate, just, and equitable” provisions for you.

The court examines both legal and moral obligations to determine if the will aligns with what is considered fair in the circumstances.


Key Factors the Court Considers

When assessing a claim to vary a will, the court will take into account several factors, including:

  1. The Relationship Between the Claimant and the Deceased

    • Was the relationship supportive, strained, or distant?

    • Did the deceased provide for the claimant during their lifetime?

  2. Gifts Made Prior to Death

    • Did the deceased already give financial or material gifts to the claimant that might offset their inheritance?

  3. Legitimate Expectations

    • Was there an established expectation, such as promises or family traditions, regarding what the claimant would inherit?

  4. Personal Circumstances of the Claimant

    • Does the claimant have financial challenges or pressing health concerns that require additional support?

    • How dependent was the claimant on the deceased?


Taking Action

If you believe your inheritance is unbalanced, the first step is to consult a qualified Wills and Estate lawyer who can assess the situation and guide you through the legal process. Time is a critical factor, as there are deadlines for filing a claim to vary a will.

By working with experienced professionals, you can better navigate the complexities of estate law and advocate for a fair resolution.


Navigating an inheritance dispute can be emotionally and legally challenging, but understanding your rights and the factors courts consider can empower you to take the right steps.

For personalized advice, connect with CBM's expert team of Wills and Estate lawyers today.