What are the inheritance rights of a child born outside of marriage?
The Law and Equity Act says that a person is the child of their biological parents, whether the parents were legally married or not. So if a parent says in his or her will: “I leave all my estate to my children in equal shares,” that parent’s children share equally, whether or not they were born while the parent was married or not. If your partner’s will doesn’t sufficiently take care of the needs of your biological or adopted child with him or her, that child can apply to vary the will. The Wills Variation Act allows a biological or adopted child to apply to the court to change the deceased’s will. The court can vary the will if, in the court’s opinion, it doesn’t adequately provide for the child’s proper maintenance and support. This right doesn’t apply though to the deceased’s step-children. Now, if your partner died without making a will, any of your natural or adopted children with him or her are entitled to a share of the estate under BC’s Estate Administration Act. The amount de
