When someone passes away, their will usually determines how their estate will be distributed. In British Columbia, however, the law recognizes that there are times when a deceased person’s will does not adequately provide for those financially dependent on them. To prevent unfair hardship, British Columbia allows specific individuals to bring what is typically known as a dependant relief or dependant support claim under the Wills, Estates and Succession Act. These claims allow the courts to adjust how an estate is distributed to ensure dependants receive adequate support.
Understanding dependant relief claims is essential for spouses, children, and other family members who may feel left out of a will and for executors and beneficiaries who may need to defend an estate against such claims.
The Framework Under the Wills, Estates and Succession Act
Dependant relief claims in British Columbia are primarily governed by the Wills, Estates and Succession Act (WESA). The WESA consolidates and modernizes several previous provincial succession law statutes. One of its key provisions recognizes that a will-maker has legal and moral obligations toward certain family members, even after death.
Section 60 of the WESA gives the court the authority to vary a will if it does not make “adequate provision for the proper maintenance and support” of the deceased’s spouse or children. In B.C., the courts can go beyond strict financial need and consider broader equity and moral responsibility issues.
Testamentary Freedom vs. Family Obligations
One of the most essential principles in estate law is testamentary freedom, which is the right of an individual to decide how their property will be distributed after death. However, British Columbia’s dependant relief provisions recognize that complete freedom is not absolute. The courts must balance a will-maker’s freedom to distribute their assets as they see fit with the need to ensure that dependants are not unfairly left without support.
The landmark Supreme Court of Canada decision in Tataryn v. Tataryn Estate (1994) remains the guiding case on how this balance should be struck. The Court held that wills should reflect not only the legal obligations that a person had during their lifetime but also their moral obligations to family members. In other words, a will that completely disinherits a spouse or leaves children destitute is unlikely to withstand judicial scrutiny.
Who Can Bring a Dependant Relief Claim?
In British Columbia, only certain categories of individuals are eligible to bring a dependant relief claim. These include:
- Spouses: Both legally married and common-law spouses may apply. Under WESA, a common-law spouse is someone who lived in a marriage-like relationship with the deceased for at least two years before death (the two-year requirement doesn’t apply if the couple had children together).
- Children: Both minor and adult biological or adopted children are eligible to apply (but not stepchildren).
Other family members, such as siblings, parents, or extended relatives, are generally not entitled to bring a dependant relief claim.
Spousal Dependant Relief Claims Under the WESA
Spousal claims for relief often arise when a will leaves a surviving spouse with little or no inheritance. The courts are reluctant to allow a spouse to be left without adequate support, particularly if the marriage or common-law relationship was long-standing and the surviving spouse made significant contributions to the household or family business.
For example, if a deceased person leaves their entire estate to their children from a prior marriage and nothing to their long-term common-law spouse, the court may find that this fails to meet the deceased’s legal and moral obligations. In such cases, the court may order that the spouse receive a share of the estate sufficient to ensure they can continue a reasonable standard of living.
Children’s Dependant Relief Claims Under the WESA
Claims by children can be more complex, especially for adult children. Minor children are almost always entitled to adequate provision for their maintenance and education. Adult children, however, must often demonstrate more compelling circumstances, such as disability, illness, or financial hardship, before a court will vary the will in their favour.
At the same time, moral obligations can play an important role. If an adult child had a close and supportive relationship with the deceased, a court may find that they were unfairly left out of a will, even if they are self-sufficient. Conversely, the court may be less inclined to intervene if the relationship was distant or estranged.
How Courts Assess Adequacy of Support
The key question in a dependant relief claim is whether the will made adequate provision for the proper maintenance and support of the spouse or children. Courts do not follow a rigid formula but instead evaluate each case on its own facts. Factors that judges typically consider include:
- The size of the estate and the value of available assets
- The financial circumstances and needs of the surviving spouse or children
- The contributions that the spouse or children made to the deceased’s estate or well-being
- Any legal obligations, such as child or spousal support orders, that existed during the deceased’s lifetime
- The strength of the moral obligation owed to different family members
The Court’s Discretion to Vary a Will
If a court finds that a will does not provide adequate support, it has broad discretion to vary the distribution of the estate. The court may award a lump sum payment, create a trust for the dependant’s benefit, or redistribute assets to ensure fairness. Importantly, the court’s goal is not to write a new will but to make adjustments that balance the deceased’s intentions with their legal and moral duties.
This discretion makes outcomes difficult to predict. Even in similar cases, courts may reach different conclusions depending on the specific circumstances and the judge’s view of what is “adequate, just and equitable.”
Defending Against a Dependant Relief Claim
Executors and beneficiaries may find themselves defending against dependant relief claims, particularly in blended family situations where competing interests collide. Common strategies include demonstrating that the deceased already fulfilled their obligations during their lifetime, showing that the dependant is financially self-sufficient, or arguing that estrangement or misconduct justified a reduced inheritance.
Defending these claims requires careful attention to both the factual record and the principles of fairness that guide B.C. courts. Legal representation is usually essential, since these disputes often involve significant financial stakes and complex family dynamics.
Limitation Periods for Bringing a Claim
Time limits are critical in dependant relief claims. In British Columbia, an application to vary a will must generally be filed within 180 days of the grant of probate. Missing this deadline can prevent a dependant from making a claim, regardless of how compelling their case might otherwise be. For this reason, dependants who believe they have been unfairly treated should seek legal advice promptly after a will is probated.
Practical Considerations for Families and Executors
For families, dependant relief claims underscore the importance of estate planning. Individuals should ensure that their wills reflect not only their personal wishes but also their legal and moral duties to dependants. Failure to do so can result in costly litigation and unintended redistribution of assets.
For executors, it is critical to be aware of potential claims and administer the estate fairly and transparently. Executors may be required to defend the will in court, negotiate settlements, or distribute assets in accordance with a court order. Seeking legal advice early can help prevent missteps that lead to personal liability.
Striking a Balance Between Last Wishes and Fairness
Dependant relief claims in British Columbia reflect the province’s commitment to fairness in estate distribution. While will-makers retain significant freedom to decide how their property will be divided, that freedom is not absolute. Courts can and do intervene when a will fails to provide adequately for a spouse or children, ensuring that both legal and moral obligations are respected.
For spouses and children, dependant relief claims offer a vital safeguard against being left unsupported after the death of a loved one. For will-makers and executors, they serve as a reminder that careful planning and consideration of family obligations can prevent costly disputes. By understanding the principles behind dependant relief claims, families can better navigate the complex intersection of testamentary freedom and fairness in British Columbia’s estate law.
Contact Meridian Law Group in Vancouver for Trusted Estate Litigation Advice
If you believe a will has left you without adequate support, or if you are an executor facing a dependant relief claim, Meridian Law Group can review your situation and explain your options. Our experienced estate litigation lawyers create robust legal strategies in complex will disputes and are strong advocates in the courtroom, delivering outcomes that consistently meet and often surpass client expectations. To schedule a consultation, please contact us online or call (604) 687-2277.
