Starting a Wills Variation Claim

Wills Variation
Time Limits

BC estate law requires that a wills variation claim be commenced within 180 days from the date a representation grant is issued in British Columbia. Generally speaking, a representation grant is a grant of probate. It is important to know that whoever applies for probate does not need and usually does not notify the potential wills variation claimant that the grant of probate has been issued by the Supreme Court. Depending on the registry, it can take between days and several months to obtain a grant of probate. It is critical to consult a lawyer about commencing a claim as soon as possible once you become aware an application for probate is pending.

Pictured above is Mount Logan which is the highest mountain in Canada located near Haines Junction in the Yukon. Haines Junction is at Mile 1016 of the Alaska Highway which runs from Dawson Creek in British Columbia through to Delta Junction in Alaska. During World War II, Canadian Prime Minister Mackenzie King made an agreement with American President Franklin Roosevelt that Canada would allow the construction of the highway on the condition the United States paid the cost and that after the war it would be turned over to Canada.

In addition to filing a notice of civil claim seeking a variation of the will, the notice of civil claim must be served on the executor within 210 days of the grant of probate. Richter Trial Lawyers has had to assist wills variation claimants whose previous lawyer missed the limitation period. We invite you to contact our office for any clarification with respect to the time limits for commencing a wills variation claim and serving the executor or executrix.


John Richter has helped husbands, wives, sons and daughters with their wills variation claims in estates worth several hundred thousand dollars to several million dollars. If you have been disinherited or left an unfairly small portion, call us for a free consultation or fill out our contact form.

Contact Info

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