Will Variation Claims

Chapter Four: Will Variation Claims

British Columbia has unique legislation that allows a certain class of individuals to pursue a variation of the Will if the Will does not sufficiently provide for that individual. Will variation claims represent the most common litigation in estate litigation especially in ethnic communities where it is common to prefer one child over another in a Will. There is a moral and legal obligation on the part of the testator to provide for his/her spouse and/or children, so the Courts generally do not allow testamentary autonomy to take precedent over the moral and legal obligations of the testator to his/her family. The following section of The Basics of Estate Litigation in British Columbia provides some insight into will variation claims.

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