My friend does not want to leave anything in her will to one of her sons who has received a lot of money from her already. Someone told her that if she does not leave anything to him, he could challenge the will after she has passed away. Is this true?

Every province and territory has a law that allows for certain people to apply for support from the estate of a deceased person, where they were left nothing at all or where they feel they were not left enough. The laws in each jurisdiction are slightly different and have different names. For example, in Alberta, it is the Dependants Relief Act; in British Columbia, it is the Wills Variation Act; in Nunavut, it is the Dependants Relief Act; and in Quebec, it is contained within the Civil Code as Survival of Support Obligation After Death.

Generally, the laws allow for someone who was a dependant of the deceased to apply for more funds from the estate. Who qualifies as a dependant differs in each area. For example, in Alberta any child who does not have a disability must be under 18 years of age, but in Saskatchewan children over 18 might be considered if they fall within a set of criteria set out in the law.

Your friend should try to find out what the law is in her province and then make a decision based upon that information. For example, if it is likely that her son could challenge the will, she might want to provide for him so that other members of the family will not have to deal with that situation.

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January 2006

see also:

• More Abuse of Older Adults FAQs

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