Wills Variation

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 Variaiton: 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
Wills Variation: Definition of Child or Children

Wills Variation: Definition of Child or Children

There is no definition of child or children in the wills variation act (now Section 60 WESA), but the case law is clear that only a natural child or adopted
Wills Variation: Siblings v Siblings and Grandchildren

Wills Variation: Siblings v Siblings and Grandchildren

Scurek v Scurek 2020 BCSC 450 is an excellent plaintiff’s wills variation action involving a contested will between two siblings and the children of the claimant. The claimant was a
Wills Variation: Who are Children of the Deceased?

Wills Variation: Who are Children of the Deceased?

There is no definition of child or children in the wills variation act ( now Section 60 WESA), but the case law is clear that only a natural child or