Q: My estranged father just died and I was left out of the Will. Do I have a claim to his estate?

A: You may have a claim to your father’s estate. Under the Wills Estate and Succession Act a will- maker has a legal, ethical and moral obligation to provide for any spouse or spouses and any biological and adopted children. If a child was not adequately provided for in a parent’s will, that child may be able to bring a Wills Variation claim meaning that the Supreme Court of B C may vary the distribution as set out in the will be make it more equitable. Swiftsure Law now offers services in Estate Planning, and can help guide you through the in’s and out’s of the Will’s Estate and Succession Act.


*Any guidance provided is not covered by solicitor client privilege, nor is it taking into consideration all of the facts of your matter beyond those in the question. The legal information is specific to British Columbia Law. If you want a more thorough and case-specific analysis of your legal matter please CONTACT US to arrange a consultation.