Wills Variation Act Not Affected By WESA

The original plan for WESA was to restrict the right of an independent adult child to bring a claim against his or her parents estate on the basis that he or she will was not adequately provided for.

A great deal of discussion took place in or about 2006-2007 and disinherited.com lead the fight against this proposed restriction to the rights of disinherited adults to bring a claim under the wills variation act.

I am pleased to report that the act was substantially left in its entirety with only very minor changes such as a plaintiff must commence a court action under the act within 180 days of the grant of probate, rather than six months.

 

Here is the current  statement of the new section 60 which  is almost identical to the former section 2 of the wills variation act , except for the removal of the words “in its discretion ” ( the Courts),  which really should have no substantial effect on the judicial interpretation of of section.

There are several in depth articles on the Wills Variation act, all dated November 13,2013 that the reader should visit for the details of the act.

Included is the written submission to the Attorney general back in late 2006

 

In a nutshell only spouses, both legal and common law, as well as natural and adopted children have the right to contest a will under the Wills Variation act, even if the step child was raised by the deceased, but not adopted.

 

SECTION 60 WESA

Maintenance from estate

60 Despite any law or enactment to the contrary, if a will-maker dies leaving a will that does not, in the court’s opinion, make adequate provision for the proper maintenance and support of the will-maker’s spouse or children, the court may, in a proceeding by or on behalf of the spouse or children, order.that the provision that it thinks adequate, just and equitable in the circumstances be made out of the will-maker’s estate for the spouse or children.

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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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