Wills Variation: Protecting Women and Children
The Wills Variation Act is BC legislation that is meant to ensure that spouses and children are not disinherited.
When someone dies, the government doesn’t want their families to be without the necessities they would be provided had that person simply left the family, for example, by divorce. The government does not want the deceased family to be left to the responsibility of the state and therefore there is legislation that provides for the proper maintenance of the deceased’s family.
The Wills Variation Act allows the spouse or children to apply to the court to vary the decease’s will so that they are provided for adequately. This means that even if you have a will, your wishes may not necessarily be carried out after your death.
In order to avoid such an application, you may want to consider making clear your intentions. If you do wish to disinherit a spouse or a child, (including separated spouses), you want to make sure you indicate the specific reason for your decision to disinherit.