Category: Estate Law
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Cultural Tradition Favouring Sons Rejected by BC Courts
Equal treatment of siblings is not always required when dividing an estate in BC. However, variation of a will may be in order if unequal treatment of sons and daughters is based on cultural traditions that do not align with modern Canadian values. Contemporary standards create a reasonable expectation of children sharing equally in a […]
What Happens When Is BC Wills Variation Claim Nets Increased Inheritance for Only Child?
In BC, a disinherited or lightly-provided-for child can bring a wills variation claim, and the court scrutinizes the will-maker’s reasons. Even a written explanation for unequal treatment may not hold up. In Schipper Estate, a devoted only child’s share was increased despite the parents’ stated plan. In BC, if a child is disinherited by a […]
BC Court Finds Father Had Good Reason to Disinherit Two Sons: Case Analysis
If you have been left out of your parent’s will or not treated equally when compared with your siblings, it may be open to you to bring a wills variation claim, asking the court to change the will in your favour after your parent’s death. However, as the court’s decision in Kong v. Kong, 2015 […]
Spite Not a “Valid and Rational” Reason to Disinherit a Child
Wills variation proceedings are often brought about by estrangement, misunderstandings, and hurt feelings within a family. Enns v. Gordon Estate, 2018 BCSC 705 shows how family grudges can lead to disappointed beneficiaries and estate litigation. In Enns, a BC woman brought a wills variation claim after being restricted to a 1% share of her mother’s […]
Who Caused the Estrangement that led Father to Disinherit Daughter?
In cases where a parent disinherits an adult child, the BC courts will examine the relationship between the parent and child and consider a number of factors, including the reason for the disinheritance. While an application to vary a will is not intended as a tool to award compensation for past mistreatment, the existence and […]
Dispute over Mother’s Mental Capacity Gives Rise to Vancouver Litigation
Family disputes can be significantly exacerbated by the heavy weight of dealing with an ailing parent. Family members can become mired in conflict over whether a loved one lacks capacity because of mental infirmity and if so, who should handle their personal, financial, and legal affairs. In a recent post, our Vancouver litigation team discussed […]
BC Committeeship: Court-Appointed Decision-Maker for Adult who Lacks Capacity
Quick answer: In British Columbia, a committee is a court-appointed substitute decision-maker for an adult who cannot manage their own affairs. The BC Supreme Court appoints a committee of estate (money and legal matters), a committee of the person (health and personal care), or both, under the Patients Property Act. A committee is a fiduciary […]
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage?
In BC, marriage is a contract, so a person must have the mental capacity to understand its nature and consequences. If one party lacked that capacity, a court can annul the marriage, treating it as never valid. Setting a marriage aside for lack of capacity is difficult and carries a heavy burden. Marriage is a […]
Were Elderly Man’s Marriage and Will the Products of Undue Influence by his Caregiver?
In an earlier post, we discussed Ross-Scott v. Potvin, 2014 BCSC 435, a case in which the only living relatives of the deceased challenged what they viewed as a predatory marriage between their elderly uncle and his younger caregiver. The uncle, Mr. Groves, was 77 years old when he married his 56-year-old caregiver, Ms. Potvin, […]
BC Wills Variation: Moral Obligation to Child Not Met by Benefiting Grandchildren in Scurek v. Scurek Case
Can a testator discharge his moral obligation to his adult daughter by benefiting her sons at her expense? In the circumstances in Scurek v. Scurek, 2020 BCSC 450, a recent BC wills variation claim, the court said no. Grandchildren do not have moral claims under BC wills variation law, nor do grandchildren have a legal obligation […]