In my years of practicing law in Greater Vancouver, there have been a number of times I have encountered situations where daughters feel they have been treated unfairly in a parent’s will. This is particularly common in cultural contexts, including South Asian communities, where traditional norms may favour sons in matters of inheritance. While cultural values play an important role in shaping families, BC law provides legal protections to ensure fairness and equality in the distribution of estates. If you believe you’ve been unfairly treated in a will, it’s essential to understand your rights and options under BC law.
Cultural Factors and Gender Inequality in Inheritance
In some cultural traditions, sons are often seen as the primary heirs of a family’s wealth, while daughters may be expected to rely on their spouse’s family for financial support. These norms can result in unequal distributions of an estate, leaving daughters with significantly less than their male siblings—or sometimes even disinherited entirely.
For example, in South Asian communities, it is not uncommon for wills to allocate larger portions of the estate to sons to preserve family property or business continuity. However, this can leave daughters feeling overlooked, undervalued, and financially disadvantaged. While cultural practices may influence the way a will is written, BC law prioritizes fairness over tradition when it comes to estate distribution.
Legal Protections for Children Under BC Law
British Columbia’s Wills, Estates and Succession Act (WESA) is designed to ensure that wills are not only legally valid but also fair and reasonable. Section 60 of WESA provides a key mechanism for children, including adult children, to challenge a will if they believe they have not been adequately provided for.
Under Section 60, the court has the power to vary a will if it determines that the deceased has failed to make adequate provision for the proper maintenance and support of a spouse or child. Courts will consider a variety of factors, including:
- The relationship between the deceased and the child: Did the deceased have a positive or supportive relationship with the child?
- The child’s financial needs and circumstances: Is the child in financial hardship, or does the child have significant wealth of their own?
- Cultural factors: While the court acknowledges cultural influences, they are not a justification for unfair treatment under BC law.
- The intentions of the deceased: The court will examine any reasons provided in the will or accompanying documents to justify unequal treatment.
These protections apply regardless of the child’s gender, meaning daughters have the same right as sons to challenge a will they feel is unjust.
How to Challenge a Will in BC on Grounds of Unfair Treatment
If you believe you have been unfairly treated in a will, here are the steps you should consider:
1. Consult a Lawyer
Before taking any action, it’s important to consult an experienced wills and estates lawyer. They can assess the strength of your case, guide you through the legal process, and help you gather the evidence needed to challenge the will.
2. File a Claim Under Section 60 of WESA
You must file your claim within 180 days of the grant of probate. Probate is the legal process of validating a will, and this timeline is strictly enforced.
3. Gather Evidence
To support your claim, you will need to provide evidence that demonstrates why the will’s provisions are unfair. This may include:
- Financial records showing your current and future needs.
- Documentation of your relationship with the deceased.
- Evidence of unequal treatment compared to your siblings.
- Testimonies from family members or others familiar with the deceased’s intentions.
4. Mediation or Court Proceedings
Many will disputes are resolved through mediation, where parties work with a neutral third party to negotiate a fair resolution. If mediation fails, your case may proceed to court, where a judge will determine whether the will should be varied.
Key Takeaways
- Cultural traditions that favour sons over daughters in inheritance do not override the legal protections provided under BC’s WESA.
- Daughters who feel they have been unfairly treated in a will can file a claim under Section 60 of WESA to seek a more equitable distribution.
- Timing is critical—claims must be filed within 180 days of probate.
- An experienced lawyer can help you navigate this complex process and advocate for your rights.
If you feel that you’ve been unfairly treated in a will, you don’t have to accept an unjust inheritance. At ALG Lawyers, we have extensive experience helping individuals in Abbotsford, Greater Vancouver, and beyond challenge wills and achieve fair outcomes. Visit our Estate Litigation Law page to learn more about how we can help you.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a lawyer for advice specific to your situation.
