Reasons For Disinheriting Daughter not Accurate or Rational – Daughter Awarded 40% of Estate Under Wills Variation
May 9th | 2011
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.
May 8th | 2011
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.
April 30th | 2011
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
April 28th | 2011
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
April 14th | 2011
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
April 10th | 2011
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.
April 5th | 2011
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
April 4th | 2011
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
March 28th | 2011
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
March 26th | 2011
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
March 26th | 2011
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.
March 25th | 2011
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
March 25th | 2011
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
March 19th | 2011
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
February 13th | 2010
Court Rewrites Will Where there’s a will, there’s a way to have it overturned, as was the case when a court re wrote a mans will to include his disinherited daughters. The Globe and Mail reported: A B.C Supreme Court judge has ordered a man… Read more