Does a Letter Explaining Disinheritance Matter in BC?
Onyx Law Group · Vancouver, British Columbia
Yes. A letter or memo explaining why someone was left out is evidence the court will consider. It lets the will-maker speak after death, and in a wills variation claim the court respects their intentions as far as it can while still making adequate provision.
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Full transcript
So, how much weight does a letter or memo explaining the disinheritance carry? It does carry some weight. It’s evidence that the court will look at because it’s a way for the will-maker to speak beyond death, so to speak, to understand their intention. And the court will always, in a wills variation claim, take into consideration what the testator’s intentions were and will only disturb them as much as necessary to provide an adequate and fair inheritance for the claimant.
General information, not legal advice.
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