B.C Allows Adult Independent Child To Contest Will Under Wills Variation Act

B.C Is Only Province To Allow Adult Independent Child(ren) To Contest Will Under Wills Variation Act

If there was any doubt that no other Province in Canada except for British Columbia allows an adult independent child to contest a disinheritance by an adult child’s parents for their breach of a moral obligation to provide for that child, the Ontario court of Appeal has stated NO,  at least for Ontario,  and I believe the decision would be followed everywhere in Canada except for BC.

The recent decision of Verch v Weckwerth 2014 ONCA 338  has confirmed that there is no moral obligation on a parent to provide for an adult independent child on the basis of a breach of moral authority to do so in Ontario, which is totally contrary to the law in British Columbia.

The Court even referred to the leading case in British Columbia, the Supreme Court of Canada decision in Tataryn v Tataryn (1994) 2 SCR 807 and refused to consider it as persuasive authority “as the BC Wills Variation statute  knows no such counterpart in Ontario.”

For a detailed review of the law in BC relating to Wills Variation, please visit other innumerable  articles and blogs on this website, including, but not restricted to:

April 13, 2014 – Wills Variation Act not Affected by WESA

November 19,2013- The BC Wills Variation Act – The Basics

 

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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