Challenging A Will

Associate Jen Schreurs regularly advises clients in the practice areas of wills, trusts, estate and incapacity planning, estate administration, and business law.

Jen often explains to her estate planning clients that there are only two classes of people that change a Will.  She discusses in this episode of Legal Matters. 

Transcript:

A common question I get asked, particularly when meeting with blended families, is who can challenge my Will?

In British Columbia, there are only two classes of people who can challenge your will when it comes to the gifts they receive; your current spouse and any biological or formally adopted children.

A spouse includes a common law couple that have been together for at least two years and same sex couples but will not include anyone who is legally divorced or separated for longer than one year. Stepchildren who you have not formally adopted do not fall under the category of children. As a Will maker, you owe your spouse and any minor children a legal and moral obligation to provide just, adequate and equitable provision in your Will. You also owe adult children, regardless of age, a moral obligation to provide that same just, adequate and equitable provision. There are many factors a court will take into account when determining whether the provision is just, adequate and equitable, or whether both the legal and moral obligations have been satisfied and it varies on a case-by-case basis.

We are available to answer any questions you may have about your estate plan.