CanadaCan my family challenge my will after I die?
Yes, your spouse and children in British Columbia can challenge your will under the Wills, Estates and Succession Act if it does not make 'adequate provision' for their proper maintenance and support.
What the Law Says
In British Columbia, the law allows certain family members to ask the court to change a will if it fails to make adequate provision for their proper maintenance and support.
Only the Wills, Estates and Succession Act (WESA) in British Columbia gives spouses and children the right to apply to vary a will. This power does not exist in most other Canadian provinces — it is unique to BC.
The court may change the will only if it finds the will does not make 'adequate provision' for the applicant’s 'proper maintenance and support'. The law balances your right to dispose of your property as you wish (testamentary freedom) with your legal and moral obligations to close family.
An application to vary a will must be filed within 180 days after the grant of probate. Missing this deadline usually means the right is lost.
Statutory TextIf a will-maker dies leaving a will that does not make adequate provision for the proper maintenance and support of the will-maker's spouse or child, the court may, on application by the spouse or child, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the will-maker's estate for the spouse or child.
— Wills, Estates and Succession Act, S.B.C. 2009, c. 13, s. 60 — Variation of wills
What Courts Have Said
The Supreme Court of Canada set the foundational test for when a will should be varied to protect family members’ interests.
The Court held that courts must balance testamentary freedom against the will-maker’s legal and moral duties to spouse and children. 'Adequate, just and equitable' provision depends on the facts — including the size of the estate, the claimant’s needs, and societal expectations of fair treatment.
What to Do
Discuss your wishes openly with family to reduce surprise or conflict later.
Consider consulting an estates lawyer in BC to ensure your will reflects both your intentions and your moral/legal obligations.
If you intentionally exclude a spouse or child, document your reasons clearly — courts consider these when assessing 'moral duty'.
Remember: only spouses and children in BC have this right — other relatives (e.g., siblings, parents) cannot apply under WESA s. 60.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.