Wills Variation

Who to Sue in a Wills Variation Claim

Rule 21-6(1) and (2) of the Supreme Court Civil Rules read as follows: 21-6 (1) A proceeding under section 60 of the Wills, Estates and Succession Act must be started

Wills Variation and Estranged Children

J.R.v J.D.M. 2016 BCSC 2265 discusses in great detail the law and related facts of the case in a wills variance case brought by the  estranged child of the deceased.   The

South East Asian Women and the Wills Variation( S. 60 WESA)

This article was originally posted on the National Post. ( See the reasons for judgement at Grewal v Litt 2019 BCSC 1154) A wills variation claim involving four Indo-Canadian daughters

Wills Variation and “Estranged” Children

In my estate litigation practice I have noticed that a high percentage of children that are disinherited and seek a remedy under for wills variation under S. 60 WESA have

Wills Variation and Adult Independent Children

The leading case Tataryn v Tataryn (1994) 2 SCR 807 clarified that most people would agree that an adult independent child is entitled to such consideration as the size of

Alter Ego Trusts

Alter ego trusts are increasingly being used an an estate planning tool for those over 65 years of age. From the perspective of disinherited.com they are typically used by parents
Wills Variation Summary 2022 re Adult Independent Children

Wills Variation Summary 2022 re Adult Independent Children

The leading case Tataryn v Tataryn (1994) 2 SCR 807 clarified that most people would agree that an adult independent child is entitled to such consideration as the size of
Termination of a Marriage-Like Relationship

Wills Variation: Daughter Awarded 30% Net Estate

Pascuzzi v Pascuzzi 2022 BCSC 907 is a wills variation action ( S 60 WESA) where a 32-year-old daughter of the deceased, who was disinherited pursuant to a will done
Wills Variation: Abandoned Twins Awarded 70% Estate

Wills Variation: Abandoned Twins Awarded 70% Estate

Jung v Poole estate 2021 BCSC 623 awarded two twins who were abandoned by their father shortly after birth and then again after a contested custody application at age 4,
Wills Variation: The Ten Considerations

Wills Variation: The Ten Considerations

The leading case Tataryn v Tataryn (1994) 2 SCR 807 clarified that most people would agree that an adult independent child is entitled to such consideration as the size of