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Wills Variation- Daughter Claim Dismissed

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 three sons equally.

The will explained that the testator had previously gifted to the plaintiff, the family vacation home, worth $210,000 at the date of trial.

The Court dismissed the daughters Wills Variation claim, but did award her an additional $75,000 for unjust enrichment, as a result of her providing free in home care for the testator for the last four years of her life.

disinherited.com opines that the decision is correct and not surprising, given that the daughter had received an almost equal share to her brothers prior to the death of their mother. It is not the law that children of the deceased must be treated equally, only adequately.

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