Losing a loved one is always challenging. These situations can become even more complex when the deceased’s children begin to review their inheritance—or the lack thereof. In British Columbia, testators (the word for the author of a will) have the right to make many decisions regarding their estate on their own, such as providing unequal distribution of assets to their independent adult children. However, estate disputes between siblings are not as straightforward as they may appear. There are laws that testators must follow, as well as “moral obligations” that could supersede their wishes. A lawyer can help you handle inheritance issues with siblings and may be able to help collect a fair share of a deceased parent’s estate.
Can a Parent Choose Which Children to Include In a Will?
Wills must adhere to standards established in the Wills, Estates, and Succession Act (WESA). Parents in British Columbia are legally obligated to make adequate provisions for children and spouses in their will. The court has the authority to review terms established in a will if a child contests the will citing inadequate provisions.
When Can a Parent Provide Unequal Treatment In a Will?
If a parent excludes an independent adult child from a will or leaves behind unequal inheritances to their children, they can include a list of reasons within the will explaining their rationale. Should a child challenge unequal treatment in a will where their parent left behind a large estate without valid reasons and gave most or all of the estate to their sibling, a judge can intervene and amend the inheritance terms.
Whether or not this is successful often depends on a few factors, including:
- How significant the difference in the amount of inheritance each sibling received is
- The reasons listed (if any) explaining why the parent provided unequal inheritance to their children
- Possible tax-related complications and challenges with trust administration affecting the estate
When Can a Sibling Dispute an Inheritance?
Under the WESA, certain individuals such as a spouse, common-law partner, or child are legally entitled to contest a will if they believe assets are being unfairly distributed. In the event you choose to challenge a will because you were disinherited or received far less of an inheritance than your siblings, you only have 180 days from the date of the grant of probate or grant of administration to bring forth your claim.
The court will review several key factors, including:
- The relationship between the child who contested the will (the claimant) and the deceased parent
- The size of the deceased parent’s estate
- The claimant’s reasonable expectations regarding their inheritance
- Gifts or benefits given to the claimant while their parent was still alive
- The claimant’s current financial status and living arrangements
- Any misconduct or poor character portrayed by the claimant