Can a will be redacted to protect the privacy of beneficiaries?
My husband passed away. We had identical wills, with the same beneficiaries: his children from a previous marriage and my children from a previous marriage. My husband had only one asset: our house, which we owned jointly. As a result, probate wasn't required. His children are threatening to challenge the will, and are demanding to see a copy. Can I redact my children's names from a copy of my husband's will, to preserve their privacy?
Huyen
Squamish, BC
If probate is not required, then there is no obligation to disclose the will of the deceased.
Note there is a potential for the deceased's children to begin a process under the BC Supreme Court Civil Rules to attempt to compel you to probate the will and in the process, disclose the full will to them. As a result, your lawyer may suggest that it is more practical to send them a redacted version of the deceased’s will as a means of trying to avoid this process.
Nicco Bautista
Lumina Law