July 22, 2021 by Erin Cram
Our Estate Litigation team of lawyers appreciates that this can be very difficult for those individuals involved. We understand the sensitivity of these issues and have the expertise to mitigate and resolve conflicts through Mediation, Litigation or Arbitration. These are often complex, emotional situations, and we pride ourselves on balancing our clients’ legal and personal goals in seeking resolution.
A frequent question for Associate Erin Cram is how does someone vary a will & who can vary it? She takes a look and discusses those questions.
One of the questions I get in my practice is, “How do I vary a will?”. British Columbia is somewhat unique, and under our Wills, Estate, and Succession Act, certain classes of people can apply to court to have a will changed. That legislation defines who those eligible people are, and that is generally restricted to spouses and children.
Questions frequently arise in the context of who is the spouse and whether or not people have separated; who are the children, does that include adopted children or step-children? These are all issues we often have to discuss and tackle. If you have questions or concerns about a will and whether or not you ought to have been included in a will, or questions or concerns about the distribution gifts that have been made, don't hesitate to reach out to FH&P Lawyers. We are here to help.