Wills Variation BC — Challenging an Unfair Will Under WESA. Section 60 of BC's Wills, Estates and Succession Act allows a spouse or child of the testator to apply to the BC Supreme Court to vary a will that fails to make adequate provision for their proper maintenance and support. A spouse for wills variation purposes includes a married spouse and a common law partner who lived with the deceased for at least two years. A child includes adult children. The wills variation claim must be filed within 180 days of the court issuing the grant of probate. Missing this deadline can permanently bar the claim. Courts applying section 60 consider both legal obligations, such as financial dependency, and moral obligations that flow from the family relationship. Courts look at the size of the estate, the claimant's financial need, the circumstances of other beneficiaries, any explanation offered by the testator for excluding the claimant, and the testator's moral duty to provide for family members. A successful wills variation claim results in a court order varying the will to increase the provision for the claimant. Andrew Liggett assists both claimants bringing variation applications and estates defending against them across BC. A wills variation claim must be started within 180 days of probate being granted — this deadline cannot be extended. Independent legal advice from a BC estate lawyer is strongly recommended immediately if you believe you have been unfairly excluded from an estate. Sea to Sky Law handles wills variation claims across all of British Columbia. Sea to Sky Law has served British Columbia families and businesses since 1991. Our approach combines practical legal advice with compassionate understanding of the human situations behind every legal matter. We serve all of BC by phone or secure video. Independent legal advice is always strongly recommended before making decisions that affect your family, your estate, or your business.