By Raman Johal.

British Columbia introduced dependant relief legislation in 1920 and despite varying interpretations by the courts over time, the legislation itself has remained substantially the same as when it was first introduced. The statute in British Columbia is referred to as the Wills Variation Act (the "WVA"). The WVA permits a Court to vary a Will upon the application of a spouse or a child. While the WVA has no expressly stated purpose, the case law has imported moral considerations in interpreting the statute. One "moral" consideration that has been judicially applied is to ensure that the testator's adult children are protected from discriminatory treatment that is inconsistent with contemporary "Canadian values".