A B.C. court rewrote a father’s will. In Ontario, it would likely have stood.
In August 2026, the Supreme Court of British Columbia decided Enes v. Dancey Estate, 2026 BCSC 1644. The father left an estate of about $1.8 million. His 2022 will gave $10,000 to his former wife, $1,000 to each of three grandchildren, and everything else to his son. His daughter received nothing.
The will explained why. The father said his daughter had estranged herself from him for about ten years. At trial, the evidence told a different story. The court found the estrangement began with the father, who was angry about his daughter's divorce, and that the two had reconciled before he died in January 2024. The court also found the daughter's finances were precarious.
The judge varied the will. The daughter received 45% of the estate and the son 55%, with the son's larger share reflecting the care he gave his father in his final years.
Why a B.C. judge can rewrite a will
British Columbia has a wills variation law. Section 60 of B.C.'s Wills, Estates and Succession Act lets a court change a will that does not make adequate provision for the will-maker's spouse or children. The court can order whatever provision it thinks is "adequate, just and equitable."
The claim is not limited to children who depended on the parent. Since the Supreme Court of Canada's decision in Tataryn v. Tataryn Estate (1994), B.C. courts ask what a judicious parent would have done. That test weighs the parent's legal duties and moral duties, including moral duties owed to adult children who support themselves.
A parent can still leave a child less, or nothing. The reasons have to be valid and rational, and they have to hold up on the evidence. In Enes, the father's stated reason did not hold up, so the court varied the will. In B.C., a spouse or child generally has 180 days from the grant of probate to bring a claim.
Why Ontario is different
Ontario has no wills variation law. The starting point here is testamentary freedom: you can leave your estate to whomever you choose, and a court will not rewrite your will because it thinks the result is unfair.
The Ontario Court of Appeal made this clear in Spence v. BMO Trust Company, 2016 ONCA 196. A father left his adult daughter out of his will, saying they had not been in contact for years. Evidence suggested his real reason was discriminatory. The Court of Appeal upheld the will anyway. It confirmed that a will-maker may choose beneficiaries as they wish, provided the will does not impose a condition that is contrary to public policy.
Ontario's main protection for family members left out of a will is a claim for dependant support under Part V of the Succession Law Reform Act. That claim is narrower than a B.C. wills variation claim in one important way. You must be a dependant: a spouse, parent, child, brother or sister whom the deceased "was providing support or was under a legal obligation to provide support" to immediately before death.
For the facts in Enes, that is the end of the analysis. An adult daughter who was supporting herself when her father died would not qualify as a dependant. Once someone does qualify, Ontario courts can take moral obligations into account in deciding how much support is adequate. The first step, though, is showing dependency, not unfairness.
Two more points about Ontario dependant support claims:
"Child" is defined broadly. It includes a grandchild and a person the deceased showed a settled intention to treat as a child of the family. It still requires dependency.
The deadline is short. An application generally has to be made within six months of the grant of probate (now called a certificate of appointment of estate trustee). After that, a court can only reach what remains undistributed.
What can still overturn an Ontario will, or reach around it
Testamentary freedom does not mean every Ontario will is safe from challenge. Ontario courts will set aside a will, or order support from the estate, in these situations:
Lack of capacity. The will-maker did not understand what they owned, who would normally expect to benefit, or the effect of the will.
Suspicious circumstances. When a beneficiary helped arrange the will, or the will departs sharply from earlier plans, the people defending the will must prove the will-maker knew and approved of its contents. This comes from the Supreme Court of Canada's decision in Vout v. Hay (1995). A B.C. case decided earlier this year, Kroeger v. Bush Estate, 2026 BCCA 16, set aside a will on this ground, and the same reasoning applies in Ontario.
Undue influence. Someone coerced the will-maker. In Ontario, the person alleging undue influence has to prove it. B.C. is different again: its statute shifts that burden in some relationships of dependence. Ontario has no equivalent rule.
A married spouse's family law rights. A surviving married spouse can choose an equalization of net family property under the Family Law Act instead of taking what the will provides. The deadline for that choice is also six months.
Promises and contributions. A family member who worked for years on a promise that they would inherit, such as a farm or a family business, may have a claim in unjust enrichment or proprietary estoppel.
Dependant support claims can also reach assets that never pass through the will. For a dependant support claim, section 72 of the Succession Law Reform Act treats certain assets as part of the estate, including:
joint bank accounts and property held in joint tenancy, to the extent the deceased contributed them
life insurance on the deceased's life that the deceased owned, and group life insurance
RRSPs, RRIFs, pensions and similar plans passing under a beneficiary designation
So moving assets into joint names or a beneficiary designation does not put them beyond a dependant's reach.
If you plan to leave someone out of your will
In Ontario, you can leave an independent adult child out of your will. Doing it in a way that holds up takes more care than one sentence in the will. When I prepare a will that leaves someone out, I work through these steps with the client:
Check whether the person is, or could become, a dependant. A minor child, a child in full-time school, a spouse, or an adult child with a disability you help support can all bring a dependant support claim. If someone is a dependant, provide for them adequately or expect a claim.
Record your reasons accurately. A short, factual, signed memorandum kept with your will is often better than reasons written into the will itself. Enes shows what happens when the reasons do not match the evidence.
Make your independence and capacity clear. Meet your lawyer alone, without any beneficiary in the room. Where age or health could later be questioned, a note from your doctor made at the time can prevent a costly challenge.
Line up your other assets. Joint accounts, insurance and RRSP or RRIF designations pass outside your will. Make sure they match your plan, and remember that a dependant's claim can reach them.
Review your will when relationships change. In Enes, father and daughter reconciled, but the will was never updated. A reconciliation, a marriage, a separation or a death in the family is a reason to have your will reviewed.
Get advice if you own property in B.C. B.C.'s rules may apply to real estate located there, even if you live in Ontario.
Planning your estate, or dealing with one?
If you are making a will and want to leave someone out, or you have been left out of a family member's will, the deadlines in Ontario are short. I prepare wills and act on estates from offices in London and Sarnia. Request a consultation and I will tell you where you stand.
Last reviewed: September 2026.
This article gives general information about Ontario law. It is not legal advice, and reading it does not create a lawyer-client relationship. Every estate is different, so get advice about your own situation before you act.