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01/11/2017By Candace Cho
Wills Variation: Moral Obligation to Children of First Marriage
As I have previously discussed, on a wills variation application, the moral obligation to independent adult children is usually more tenuous than the moral obl…
12/28/2016By Candace Cho
Wills Variation Action Not Barred By Marriage Agreement
In BC, a marriage or cohabitation agreement that waives estate claims does not automatically defeat a surviving spouse’s wills variation claim. The agreement i…
12/28/2016By Candace Cho
Estate Law: What Happens if Someone Passes Away with No Will
Under British Columbia’s estate law, if a person passes away without a will, then that person is said to have passed away ‘intestate’ (i.e., without a will). W…
12/13/2016By Candace Cho
Legal and Moral Obligations on a Wills Variation Claim
On a wills variation claim, the court’s decision as to whether a will makes “adequate, just and equitable” provision for a claimant requires consideration of b…
12/13/2016By Candace Cho
Estate Litigation: Who Can Contest a Will
In BC, who can contest a will depends on why. Only a spouse or child can bring a wills variation claim under WESA. Anyone who would inherit if the will were de…
12/06/2016By Candace Cho
Wills Variation: Life Estates; Legal & Moral Obligations
On a wills variation application, can a life estate in a matrimonial home satisfy the legal and moral obligation to a long-term, caring and dedicated spouse? A…
11/22/2016By Candace Cho
Wills Variation Based on Post-Death Change in Circumstances
On a wills variation application, the date of death of the will-maker is the date to be used in determining whether a will-maker has made adequate provision f…
11/06/2016By Candace Cho
Parent’s Moral Obligation to Include Adult Child in a Will
Quick answer: A parent in BC has no legal duty to leave anything to an independent adult child, but the court recognizes a moral duty. Under section 60 of the…
10/20/2016By Candace Cho
Wills Variation: Costs Implications for Executor-Beneficiary
In BC, an executor who is also a beneficiary generally cannot have the estate pay their legal costs of fighting a wills variation claim, because an executor i…
10/14/2016By Candace Cho
Wills Variation, Vancouver: Competing Moral Obligations
As I discussed in an earlier post, in wills variation proceedings, the courts are frequently tasked with balancing moral obligations of a will-maker to a seco…