Can I Challenge My Father-In-Law’s Will?
It’s not uncommon for someone to feel left out of a loved one’s will—especially when family dynamics are complicated by remarriages, stepfamilies, or the death of a spouse. If you’re wondering whether you can challenge your father-in-law’s will in British Columbia, here’s what you need to know.
What Is a Wills Variation Claim?
A Wills Variation Claim allows certain individuals to ask the court to change the distribution of a will if it does not make “adequate, just, and equitable” provision for them. This legal avenue is found in section 60 of the Wills, Estates and Succession Act (WESA).
But there’s a catch: not everyone is entitled to bring such a claim.
Who Can Challenge a Will Under WESA?
WESA only permits the following people to bring a Wills Variation Claim:
- The spouse (married or common-law) of the deceased
- The biological or adopted children of the deceased
That’s it. No other relatives—including in-laws—are eligible.
What About In-Laws?
Let’s look at a common example:
You’re married to your spouse, and sadly, your spouse passes away. A couple of years later, your father-in-law dies. You hope that, as the surviving spouse of his deceased child, you might receive something from his estate.
Then you learn that your father-in-law changed his will after your spouse’s death. The entire estate goes to your spouse’s siblings—and nothing to you.
Can you challenge the will?
Unfortunately, no. Under WESA, in-laws have no standing to bring a Wills Variation Claim, even if their late spouse would have otherwise inherited.
In fact, even if your spouse left behind children (the deceased’s grandchildren), they also cannot challenge the Will under WESA. The law does not obligate a parent to provide for their deceased child’s surviving family.
Are There Any Other Options?
If you don’t qualify to bring a Wills Variation Claim, your only remaining option is to challenge the validity of the will itself. This means asserting that the will is invalid due to:
- Lack of testamentary capacity
- Undue influence
- Fraud or forgery
However, be aware: if the Will is declared invalid, the estate will be distributed according to the intestacy rules under WESA—and those rules also do not provide for in-laws.
Final Thoughts
While it may feel unfair, British Columbia law is very clear: unless you are a spouse or child of the deceased, you cannot bring a Wills Variation Claim. If you believe there are issues with the Will’s validity, consult with an estate litigation lawyer to explore whether a different kind of legal challenge might apply.
