Rectification of Error in Will Refused

Rectification of Error in Will Refused By Ontario Court of Appeal Robinson Estate v Robinson 2011 CarswellOnt 5819 once again demonstrated the limited jurisdiction that exists in the courts to remedy a mistake and omission made in the deceased’s will, even by the drafting lawyer…. Read more

Rectification of Will Refused – Court Has Very Limited Jurisdiction to Add Words to A Will

Rectification of Will Refused Re Ali Estate 2011 BCSC 537, involves an application to rectify a will prior to its admission into probate. The deceased died owning all the shares of a company operated with his brother.

“Unconventional Relationship” Not a Marriage Like Relationship

  “Unconventional Relationship” Held not to be Spousal as defined by marriage like in nature E.(L) v. J.(D) 2011 BCSC 671 is an example of the strict requirement for parties to live in a marriage like relationship for at least two years preceding death, in… Read more

21 Year Common Law Partner Awarded 70% of Deceased Wife’s $1.25 Million Estate

Ross v Bloomfield 2010 BCSC 594 is a wills variation action brought by a surviving husband after his common law partner of 21 years died. The deceased left a will dated April 2003 in which she left her common law partner $6000, while the residue… Read more

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

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 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.

Undue Influence Dismissed as Long Hostile Relationship Between Siblings

Sibling’s Claim of Undue Influence Dismissed Calbrick v Wolgram Estate 2009 BCSC 1222 is an unfortunate example of a fact pattern that occurs all too often in estate litigation. Basically, one sibling alleged his sister obtained substantial gifts from their mother using undue influence, and… Read more

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

Court “Regrettably” Declares Will Executed Before Marriage To Be Void

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

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