Can a disappointed child vary a will?
Under the Wills Variation Act, a child (infant or adult) or the spouse (now includes common-law spouses or same sex spouses) of a deceased can apply to the Court to vary the deceased’s Will. A Will can be varied if it does not make adequate provision for the proper maintenance and support of the claimant. A claim must be filed within 6 months of the grant of probate of the Will. It is difficult but not impossible to validly disinherit a spouse or a child.
