When it comes to estate planning, most of us naturally think about providing for our children. Under British Columbia’s Wills, Estates and Succession Act, the definition of “child” is limited to the biological or legally adopted children of the deceased. This means that only these individuals have the right to challenge a Will and request that the court vary its terms if the Will fails to adequately provide for them. Stepchildren, foster children, or others who were raised by the deceased but were not legally adopted have no standing to contest a Will, even if they were treated as children.
In a recent case, Stainer v. Thurgood (2026 BCSC 326), the BC Supreme Court was asked to decide whether someone who wasn’t a biological or legally adopted child could still challenge a Will. The plaintiff in this case had been raised by the deceased, the deceased was listed on the plaintiff’s birth certificate, and the deceased had publicly presented himself as the plaintiff’s parent. Despite this, the deceased had made a formal declaration stating that he did not consider the plaintiff to be his child.
However, the Court did not immediately dismiss the claim, even though the plaintiff was not a “child” and could not apply to vary the Will. Instead, it recognized that the definition of “child” could potentially be expanded beyond biological and adopted children in certain cases, reflecting the changing social norms surrounding families and parent-child relationships. In the future, someone who has been raised as a child, whether biologically or legally adopted or not, could potentially have the right to challenge a Will, even if they don’t meet the current legal definition of a “child.”
If you’ve raised a child who isn’t biologically yours or legally adopted by you, it’s a good idea to meet with an LK Law estate lawyer to discuss your estate plan. For now, the law remains unchanged, which means only biological and legally adopted children can apply to the court to vary a Will. However, the Stainer case suggests this may change, as courts may become more flexible in how they define “child,” potentially expanding who can challenge a Will in the future.
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.
