In many Chinese and South Asian families, traditional beliefs still shape inheritance decisions. Parents often leave the bulk of their estates to sons, while daughters receive only symbolic portions. In Canada, however, such wills may be legally challenged.

A recent case from the BC Supreme Court, Lam v. Law Estate, 2024 BCSC 1561, serves as a wake-up call. The Court made it clear that even if a will reflects certain cultural traditions, if its outcome is rooted in gender bias, it fails to meet the Canadian legal standard of being “adequate, just and equitable.”

1. The Legal Framework: Section 60 of WESA

Under BC’s Wills, Estates and Succession Act (WESA), section 60 provides:

If a will does not make “adequate, just and equitable” provision for the will-maker’s spouse or children, the court has authority to vary the will.

This makes BC unique in Canada—it is the only province where independent adult children can challenge a parent’s will.

2. Case Study: Lam v. Law Estate (2024 BCSC 1561)

Case Background

• In 2018, the mother executed her final will, leaving virtually all her estate—including a key East 18th Avenue property in Vancouver—to her son William, giving her daughter Ginny only a symbolic share.

• When combined with lifetime gifts and the 2018 will, William ended up with about 82.6% of the family wealth, while Ginny received only about 17.4%.

• The Court noted that both children were loyal and dedicated, but Ginny shouldered more of the medical caregiving as her mother aged.

Court’s Reasoning

• The Court found that the mother’s decisions were influenced by a traditional gender bias—treating the son as more deserving solely because of his sex.

• The judge stated: “Contemporary justice does not countenance preferential treatment towards certain children over others based on their gender.”

• Cultural values, while relevant background, cannot override Canada’s standards of fairness and equality.

Outcome

The Court varied the will under WESA s. 60:

• Ginny received approximately 85% of the main estate asset.
• William received about 15%.

3. Lessons for Chinese Families in BC

1. Avoid “Son-First” Wills

Wills that disproportionately favour sons over daughters due to gender bias are vulnerable to court challenge.

2. Balance Culture and Law

While it is important to respect cultural traditions, Canadian law demands fairness and equality in inheritance.

3. Provide Clear Explanations for Unequal Gifts

If unequal division is justified (e.g., one child has already received substantial lifetime gifts, or has special needs), it should be clearly documented.

4. Act Within Time Limits

Challenges to a will must be brought within 180 days of probate being granted.

5. Seek Professional Guidance

Properly drafted wills, ideally with legal advice and professional witnesses, reduce the risk of disputes.

4. Conclusion

The case of Lam v. Law Estate (2024 BCSC 1561) highlights that in BC, a will is not just a reflection of personal wishes—it must also meet contemporary Canadian legal standards of fairness and justice.

For Chinese families, this means planning estates in a way that respects both cultural values and the Canadian legal framework. Doing so protects not only assets, but also family harmony.

Want to avoid inheritance disputes? Contact our office for assistance.