BC Estate Lawyer- Who to Sue in a Wills Variation Claim

Trevor Todd a BC estate litigation lawyer has 50 years experience in handling wills variation claims.


It is important to know who must be joined into a wills variation claim as a party.


Rule 21-6(1) and (2) of the Supreme Court Civil Rules read as follows:

21-6 (1) A proceeding under section 60 of the Wills, Estates and Succession Act must be started by a notice of civil claim.

(2) In a proceeding referred to in subrule (1),

(a) the following persons must be parties to the proceeding:

(i) the surviving spouse and children of the will-maker;

(ii) all beneficiaries under the will-maker’s will whose interest may be affected by the order sought;

(iii) the executor of the will, and

(b) the court may order that any other person be joined as a party.

3) In a response to a civil claim , a defendant may raise a claim under S. 60 of WESA on his or her own behalf, and any other party may serve a reply.

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