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

Commonlaw Elderly Spouse Awarded $90,0000 Under Wills Variation Act For Care Provided to Spouse

Commonlaw Elderly Spouse Awarded $90,0000   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 they had in… 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

Wills Variation Actions Are Not For Damages For Past Abuse

A number of court authorities state that wills variation actions are not the vehicle to address damages for past physical, emotional or sexual abuse inflicted at the hands of the testator. I argue however that it may very well explain estrangement issues, as well as raise… Read more

Children From First Marriage Get Almost Half the Estate in Wills Variation Action

Four children from the deceased’s first marriage were awarded slightly less than half of the estate in their wills variation action against the second wife of the deceased who was left everything.  see  Houston v Houston Estate and Fowler 2014 BCSC 489 The second marriage lasted almost… Read more

Disinherited Estranged Son Loses In Appeal Court

Hall v Hall 2011 BCCA 354, the appeal of a sons wills variation claim was dismissed and the reasons for his disinheritance, namely estrangement, were upheld as being rational and true, and the son failed to prove that the reasons for his disinheritance were false… Read more

Son Awarded %50 of Estate Under Wills Variation Act

A will that had left the entire estate of $366,000 to the deceased grandchildren, was varied pursuant to the wills variation act to award the disinherited sole child of the deceased 50% of the estate, with the remaining 25% to each defendant grandchild.   see McEwan… Read more

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… Read more

Assent and Partial Distribution of Estate Assets

Partial distribution of  estate assets as per wills variation act  and  Assent The Reznik v Matty  2013 BCSC 1346 decision previously blogged the last few days, the Court  in a wills variation action, allowed an interim distribution of $10,000 each to 3 of the 4 residual… Read more

Estranged Son Wins %60 In Wills Variation action.

Estrangement often presents factual problems for the court to determine in wills variation cases. When adult children are disinherited by their parents on the basis of alleged estrangement, the Courts will examine the relationship very closely to attempt to determine whether the disinherited child, or… Read more

BC Follows Manitoba Law – The Power to Cure Otherwise Defective Wills

Following up on my recent to blogs on the Manitoba Court of Appeal case George v. Daily, that decision of the power to cure otherwise defective wills, has been followed in Manitoba and other jurisdictions in Canada, and might likely be followed in British Columbia… Read more