Jones v Jones 1984 Carswell BC is a BC Court of Appeal decision that held that the financial disclosure of a wills variation claimant’s spouse is relevant and compellable as evidence in order for the court to consider what is adequate, just and equitable in the event that the court decides the testator has not made adequate provision for the proper maintenance of the applicants.
It is almost invariably the case, that such evidence is irrelevant to that first determination. But it is highly relevant, in my opinion, to the second determination that must be made under the section, that is, what provision the court thinks is adequate, just and equitable in the event that it decides that the testator has not made adequate provision for the proper maintenance of the applicants. Thus, I think the evidence was properly admissible and that first ground of appeal must fail.
The Jones BCCA decision is cited in Mordo v. Nitting, 2006 BCSC 765 (CanLII) and Andersson v. Khan Estate, 1999 CanLII 5936 (BC SC).