Executor Removed For Conflict of Interest

Executor Removed For Conflict of Interest Re Thomasson Estate 2011 BCSC 481 is a classic conflict of interest situation that required the court to passover one executor ,where another co executor questioned a certain transfer of property that involved the executor.

Daughter Awarded $5.5 Million in Wills Variation Claim

Daughter Awarded $5.5 Million The Wilson v Lougheed Estate case, 2010 BCSC 1868 is one of a few cases only in BC that deal with a large wills variation award in favour of a disinherited child, that involved a very large estate The plaintiff was a… Read more

Wills Variation- $15,000 Inheritance Increased to $250,000

A Successful Wills Variation Claim McLellan v McLellan 2011 BCSC 461 is a wills variation case involving interesting facts, where a daughter’s bequest was increased from $15,000 to $250,000. The testator married his 1st wife in 1966 and they had 2 children.

Reasons For Disinheriting Daughter not Accurate or Rational – Daughter Awarded 40% of Estate Under Wills Variation

Reasons For Disinheriting Daughter Todd v MacDonald Estate 2009 BCSC 677 is an example of a wills variation claim that succeeded, on the basis that the court found that the testator’s reasons for disinheriting her daughter, were not accurate nor rational.

Basics of the Wills Variation Act

Disinherited.com is pleased to announce that an updated version of one of our most read and significant articles, “The Wills Variation Act- The Basics” has now been revised. Judith Milliken QC has done an excellent job of editing and revising this important article.

Spouse in long term

Wills Variation -Spouse Trumps Children

In wills variation litigation, it is quite common for spouses, infant children, and adult children, to have conflicting claims against the other, but the claim of a spouse will trump the claims of adult children.. Generally speaking, claims based on legal obligations, such as those… Read more

Abandoned Children Win Wills Variation Action Based on Moral Obligation Owed by Deceased Mother

Brown v. Wisted Estate 2010 BCSC 1890 involves a wills variation action brought by 2 of the deceased’s 7 surviving abandoned children, against one other sibling, who inherited everything from their mother. The deceased abandoned her 7 children in New Brunswick and move to British… Read more

Surviving Spouse of 21 year commonlaw marriage awarded $5 million plus condo of $18 million estate

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

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

Daughter’s Wills Variation Claim Dismissed For Valid and Rational Reasons

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

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

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

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

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

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