Surviving Spouse of 21 year commonlaw marriage awarded $5 million plus condo of $18 million estate
April 10th | 2011
The BC Court of Appeal in Picketts v Hall 2009 BCCA 329 significantly overturned the trial judge’s decision relating to a 21 year long commonlaw marriage. The deceased was a wealthy man who left an estate of more than $18 million.
Elderly Wife in Short Marriage Awarded 36% of Husband’s Estate
April 5th | 2011
Elderly Wife in Short Marriage Awarded 36% of Husband’s Estate Miller v Miller Estate 2011 BCSC 29, involves a successful claim brought by an 86-year-old surviving spouse, who had few assets and a limited income when she married the testator in 2005. On his death… Read more
Court “Regrettably” Declares Will Executed Before Marriage To Be Void
April 4th | 2011
Will Executed Before Marriage “Regrettably” Declared Void Please note that due to the implementation of WESA. this will no longer be the law for wills signed on or after April 1, 2014 MacLean Estate v. Christiansen 2009 BCSC 1159 is a good example of the legal… Read more
Daughter’s Wills Variation Claim Dismissed For Valid and Rational Reasons
March 28th | 2011
Wills Variation Claim Dismissed LeVierge v Whieldon 2010 BCSC 1462 is illustrative of a case where an adult child’s claim under the Wills Variation act was dismissed for valid and rational reasons. The testatrix left her $1.2 million estate to two of her three children,… Read more
Child Beqeathed Family Vacation Home Has Wills Variation Claim Dismissed
March 26th | 2011
In Gould v Gould Estate 2010 BCCA 424, the BC Court of Appeal upheld the trial decision that dismissed a daughter’s Wills Variation Claim. The testator left some personal items to her plaintiff daughter, but divided the residue of her estate, worth $900,000 to her… Read more
Son’s Wills Variation Claim Dismissed in Favour of Surviving Spouse
March 26th | 2011
Yee v Yu 2010 BCSC 1464 is an example of a Wills Variation case where a son’s claim dismissed in favour of his mother, a surviving spouse. The testator left everything to his first and only wife in his will.
Will Varied From Grandchildren to Children of Deceased
March 25th | 2011
Will Varied From Grandchildren to Children of Deceased The BC Court of Appeal in Graham v Graham Estate 2010 BCCA 13, upheld the trial Judge where a will varied in favour of the children of the deceased. The testator left a $1 million dollar estate… Read more
Wills Variation Limited to $75,000 with Remaining $1 Million to Unemployable Sister
March 25th | 2011
Wills Variation Limited to $75,000 Hutchinson v Weidman Estate2010 BCSC 1356 involves a Wills Variation claim of an alcoholic abusive father who left his$1.1 million dollar to S., one of his four middle aged children, on the basis of that child’s attention to him and… Read more
Wills Variation and Who is a Child
March 19th | 2011
Who is a Child Under the Wills Variation act, now WESA? The recent Supreme Court of British Columbia decision in Peri vs. McCutcheon 2011 BCSC 273, March 7, 2004 clarifies that at least at the Supreme Court level, the wills variation act of British Columbia… Read more
Court Rewrites Will of a Man to Include Daughters
February 13th | 2010
Court Rewrites Will Where there’s a will, there’s a way to have it overturned, as was the case when a court re wrote a mans will to include his disinherited daughters. The Globe and Mail reported: A B.C Supreme Court judge has ordered a man… Read more
Disinherited Daughters Share Equally With Brother
February 12th | 2010
Wills Variation Action for Daughters Successful on Moral Grounds Skwarok v Werbenuk Estate 1678 2010 BCSC 1678, is a case where 4 disinherited daughters won an equal share of the estate with their brother who had been left everything. William Werbenuk died more than two years… Read more
Disinherited Daughter Fights Back -Marg’s Story
August 16th | 2009
Disinherited Daughter Fights Back- Marg’s Story Like Cinderella, the little girl named Margaret worked to earn her room and board. She washed and swept and did what she was told. By the time she was five years old, her mother had already passed her from… Read more