Sullivan Law
By Sarah Welstead
April 16th, 2019
Disinheriting a child can tear a family apart, if —revealed only after the parent in question has died— it comes as a surprise…
There are no blanket rules that apply in Canadian courts when it comes to disinheriting a child. Courts will consider the facts of a specific case before deciding whether to side with the child or the estate. But challenging a Will in court can be costly – and, more importantly, can cause division in families that never heals.
Much of this conflict can be avoided if the parent in question has a candid conversation with family members in advance. Even if the disinherited child is not a part of that conversation, including other family members reduces the chance that the ‘surprise’ causes more conflict.
When serious conflicts arise over the terms of a Will, it’s almost always because the terms of the Will came as a big surprise to the beneficiaries (or the people who thought they’d be beneficiaries, but weren’t).
After death, the opportunity for children (or other family members) to ask questions is gone, which often leads to confusion and anger. And confusion and anger, from a legal perspective, leads to litigation, expense and delays that can drive further wedges into family bonds, while also eating away at the total estate.
No one relishes talking about what will happen after they die, and kids may find it painful to contemplate a time when their parents are no longer around. But navigating some awkwardness while everyone’s still able to speak to each other is invariably less painful than siblings fighting each other following a surprise disinheritance.
