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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…
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…
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…
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…
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…
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…
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…
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…
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…
Testamentary Capacity: Hearsay Evidence as to State of Mind
In Chang Estate v. Chang, 2013 BCSC 976, aff’d 2014 BCCA 28, the court relied on hearsay evidence in determining the validity of a will which essentially disi…