Skip to content

Wills Variation: Financial Disclosure of a Spouse

Drafting Lawyer Has Heavy Duty to Investigate Testamentary Capacity

Jones v Jones 21984 Carswell BC 2003 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.

Categories

Related Posts