The Legal Obligation to Provide For Infants

The Legal Obligation to Provide For Infants

Heatherfield ( Litigation Guardian of) v Heatherfield Estate 2015 BCSC 505    is one of the few reported cases as to of what constitutes adequate provision for a minor, dependent child beyond the decision in Cameron (Public Trustee of) v. Cameron Estate (1991), 41 E.T.R. 30 (B.C.S.C.) [Cameron]…. Read more

Spouse Claim Dismissed Due to Joint Tenancy

Spouse Claim Dismissed Eckford v Van Der Woude 2013 BCSC 1729 involves a wills variation that dismissed the surviving spouse’s claim under the wills variation act, by reason that she inherited the matrimonial home as a surviving joint tenant. The deceased had left a will… Read more

Physically Disabled Adult Awarded Entire Estate

Physically Disabled Adult Awarded Entire Estate

Disabled people, both mentally or physically or both, are often extremely short changed in their inheritance. This blog involves a case Trevor Todd handled for a physically disabled married adult who was literally treated like a child by her entire extended family. Dale was initially bequeathed… Read more

Deceased Beneficiary May Claim Wills Variation (WESA)

A Wills Variation Action  ( S. 60 WESA) may Be commenced even after death of Disappointed Beneficiary by his or her personal representative as per Currie Estate v Bowen ( 1989) 35 BCLR (2d) 46. In that case the husband died six weeks before his… Read more

Onus on Parent to Reconcile With Child Abandoned By Parent

Child Abandoned By Parent In Wills Variation Claims   Austin v Janzen 2006 BCSC 2100 was a case of mine where a mother abandoned her daughter at a young age and then later disinherited her, so we filed a wills variation action and took it… Read more

Dog Inheritance Over Children Would Not Occur In BC

  Dog Inheritance Over Children and the Wills Variation act   I excerpted the following story from The Daily  news, where the court upheld a $1.8 million award to the  deceased’s dog, disinheriting her two grown children. Such an extraordinary outcome would not occur in BC… Read more

Wills Variation Action Won By Two Children Against Sole Beneficiary Sibling

  Hancock v Hancock 2014 BCSC 2398  involved a family of five children where one child was left the entire estate and unsuccessfully defended a wills variation action brought by two of her siblings. The other two siblings remained neutral. The defence was essentially that… Read more

Daughters Expect To Inherit Like Sons

Daughters expect the same inheritances as sons and if they do not receive an adequate and just share, they have the right to claim for a wills variation under Section 60 WESA.   I was contacted by a Notary today enquiring if it was permissible for… Read more

Terms of Settlement Must Be Disclosed

Terms of Settlement Must Be Disclosed   It is common in estate litigation to have more than one plaintiff, and on occasion one of the multiple plaintiff’s will settle directly with the defendants, but refuse to disclose the terms of settlement. The question  is does the… Read more

Financial Circumstances and the Wills Variation act

Landy v Landy Estate BCCA (1991) 44 ETR 1 is a good case of our BC Court of Appeal that sets out in short that the relevant time to review a wills variation claimant’s financial circumstances is at the time of the testator’s death and… Read more

Legal And Moral Obligations Under the Wills Variation Act

Legal And Moral Obligations IN Wills Variation Actions   The Supreme Court of Canada, in clarifying the principles to be applied, in the  Tataryn case ( see footnote 1) referred to two societal norms which provide a guide to what is “adequate, just and equitable”… Read more

Equal Share of Estate Under Wills Variation Act?

Not necessarily are estates divided equally between children  Under the BC Wills Variation Act   Deutshmann ( Guardian ad Litem of ) v Fallis 2010 BCSC 2031 involved a testator who died in 1995 leaving four adult children, one of which was the plaintiff who… Read more

Elderly spouse

Commonlaw Elderly Spouse and Wills Variation Act

Commonlaw Elderly Spouse And the Wills Variation act   McFarlane v Goodburn Estate 2014 BCSC 1449 involved a plaintiff and testator, both widows and in their mid-60s to began to live together in 2000. They were both financially independent, and the evidence was clear that… Read more

Executor’s Obligation to Disclose Documents In Estate Litigation

 Executor’s Obligation to Disclose Documents In Estate Litigation   Wang v Christie Estate 2014 BCSC 1574 confirms and discusses what I would have considered to be trite law in that once an executor named as a respondent in a civil wills variation claim is served… Read more

Will Drafters File Privileged In Wills Variation Cases

Plaintiff’s counsel invariably want to obtain and review the will drafters file in wills variation, but in wills variation cases the lawyer’s file is usually privileged,  confidential and not compellable , ( but not so when the validity of the will itself is in question. Chang v… Read more