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.

If the wife had predeceased him, then his assets were left to four of his five children, and not the plaintiff son.

The testator gave several stated reasons for not providing for the plaintiff son in the gifts over, including the plaintiff’s wealth of $2.6 million.

The wife, age 80, survived her husband and inherited his $1.6 million estate.

The Court dismissed the plaintiff’s claim on the basis that there was no reason the vary the will.

The son, suing his mother, was an adult who was wealthy and thriving, who did not contribute to his father’s estate.

disinherited.com adds that although it was not mentioned , and it is not a bar to a claim, the Courts take a dim view of a child suing a living parent under the Wills Variation act.

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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