Can You Disinherit Your Child?
Is it Possible to Disinherit a Child in BC?
It is possible to disinherit your adult child in your will, but your reasons for doing so must be considered valid and rational, otherwise, the child in question can dispute the will and potentially have it changed.
The B.C. Wills Variation Act means that the child of a deceased person may dispute their parent’s will and the courts will evaluate whether or not the dispute is valid. The will can be amended to include the disinherited child if the courts deem the dispute reasonable and valid.
What are Valid Reasons for Disinheriting?
The court decides whether reasons for disinheritance are valid and rational on a case-by-case basis, but generally speaking, if your child has been abusive to you or has cut ties and not had recent contact with you, you are likely to be able to successfully disinherit them.
Reasons that are often not deemed valid by the court are those that are rooted in the perceived morality of the child in question. For example, if you do not agree with the way your child lives their life or you disapprove of their chosen spouse, a court is likely to side with the child disputing the will.
How to Disinherit a Child
If you wish to disinherit a child, you must provide evidence of the reasons for disinheriting, such as a record of abuse or proof that there has been no contact or relationship between you for an extended period of time. If you wish to disinherit a child but do not know how to go about doing so, speak to a lawyer at Munro & Crawford today. We are happy to help determine whether you have a rational and valid case and advise on your best course of action.
