Wills Variation

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

Wills Variation-Elderly Spouse, Second Long Marriage

The wills variation decision of Boyd v Shears 2018 BCSC 194 is an example of an estate dispute between an 83-year-old surviving spouse of a 34 year second marriage, and

Wills Variation: The Judge’s Discretion

The BC Court of Appeal in Kish v Sobchak 2016 BCCA 65 reviewed the discretion of the trial judge in a wills variation claim and how that discretion should be

BC Wills Variation- Cases Where Adult Child Awarded %50 or More

Here are six cases where the court in a wills variation action varied the will to provide at least %50 to an adult child who was not adequately provided for

Wills Variation: Overcoming Estrangement

Perhaps top amongst the purported reasons for disinheritance between a parent and child is alleged estrangement and overcoming estrangement cases often present difficult wills variation cases as the facts are
Wills Variation Awards Fall Rateably

Wills Variation Awards Fall Rateably

Section 65 WESA provides that, unless the court otherwise determines, the incidence of the payments ordered falls rateably on the whole estate. Several cases confirmed that the BC courts prefer