B.C. case could lead to expansion of who qualifies as a child for will challenges
A recent ruling by the B.C. Supreme Court may expand the definition of 'children' eligible to challenge a will. The case involves Mary Stainer, who claims she was raised by the deceased, despite not being his biological child. This decision could complicate estate planning for blended families in British Columbia.
- ▪The B.C. Supreme Court ruling allows for a full hearing of Mary Stainer's claim against her deceased guardian's estate.
- ▪Traditionally, only biological or legally adopted children have standing to challenge a will in B.C.
- ▪The case may reflect changing societal norms regarding family and parenting, prompting a reevaluation of legal definitions.
- ▪Justice Walkem's decision indicates that the court is open to expanding the definition of 'child' under the Wills, Estates and Succession Act.
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| Publication time | Tue, 28 Apr 2026 08:45:00 +0000 |
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Open this photo in gallery:A recent B.C. Supreme Court ruling could change who can qualify to challenge a will in the province.ETHAN CAIRNS/The Canadian PressShareSave for laterPlease log in to bookmark this story.Log InCreate Free AccountA British Columbia court case could expand the definition of “children” who qualify to challenge a will and complicate the estate planning process for those with blended families, lawyers say. In a Feb. 27 judgment, British Columbia Supreme Court Justice Ardith Walkem declined to summarily dismiss a wills variation claim brought by a woman named Mary Stainer against the estate of the man who she says raised her, even though Ms.
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